Topic: National Labor Relations Board

Second Circuit Identifies Outer Limits of NLRA-Protected Speech

The National Labor Relations Act (NLRA) generally prohibits employers from retaliating against employees based on their union-related activities or for taking concerted action to improve the terms and conditions of their employment, even in the absence of a union. But an employee can lose the protection of the NLRA if he or she acts in…

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NLRB Affirms Stance on Employee Use of Company Email During Non-Work Time

The National Labor Relations Board (NLRB) recently affirmed its 2014 decision in Purple Communications, Inc. and Communications Workers of America, AFL–CIO which held that if employees are granted access to their employer’s email system for work-related purposes, they are presumed to have a right to use that email system on non-working time for communications that…

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Can a Single Employee Go On Strike Against a Non-Union Company?

The short answer is “yes.”  The National Labor Relations Act extends the same protections to employees of non-unionized employers as it does to union members.  One of those protections is the right to engage in a strike, which is simply a work stoppage in support of a concerted activity, such as a demand for changes…

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The NLRB’s Challenge To Bridgewater’s Confidentiality Clauses: Its Significance For Employers

The NLRB’s new focus on non-union employment has been well–chronicled here.  Employment contract provisions thought to be governed only by state contract law principles are now subject to the federal National Labor Relations Act and its unfair labor practice prohibition.  Recent NLRB activity concerning confidentiality provisions in hedge fund Bridgewater Associates’ standard employment contract underscores…

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Christmas Turkey Tales

There once was a company by the name of Aeronca, Inc. which was engaged in the manufacture of aircraft components. Some of its employees were represented by Local 2535 of District Lodge 13 of the International Association of Machinists and Aerospace Workers, AFL-CIO. Unfortunately, poor financial conditions one year prompted the company to institute a…

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A Return Of “Common Sense” To The Courtroom? DC Circuit Concludes That AT&T Connecticut Was Justified In Banning Employees From Wearing “Prisoner Of AT$T” Shirts In Customer Homes

How would you feel if a telephone or cable repair person showed up at your residence wearing a t-shirt that said “Inmate”?  In Southern New England Telephone Company v. National Labor Relations Board  the United States Court of Appeals for the District of Columbia Circuit recently reversed a finding of the National Labor Relations Board (“NLRB”)…

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