NLRB Rulings Increase as 2014 Draws to a Close

By Mickey Matran / December 24, 2014 / Uncategorized No Comments

The National Labor Relations Board has issued several decisions this month that will change the way unions organize and take root at organizations. One ruling significantly decreased the time between filing a petition and having a union election, giving employers less time to mount anti-union campaigns. And now employees are allowed to use company email to organize union activities, provided it’s on non-working time. There’s also a case pending against McDonald’s that may redefine who is considered an employer — the national corporation or the franchisee.

This week I’ve been reading about these NLRB rulings and those expected to come soon. Here are some articles that will keep you up-to-date.

NLRB Passes Quickie Election Rules. Forbes: “As expected, the National Labor Relations Board again adopted new Rules for union representation cases, significantly reducing the period between the filing of a petition and a union election. While the NLRB characterizes its actions as modernizing its processes, the real impact is to deny employers an adequate opportunity to stage an anti-union campaign prior to employee voting. The final Rules are effective April 14, 2015.”

NLRB Rules to Give Workers Right to Use Employer Email for Union Organizing. The Wall Street Journal: “Employees with access to their employer’s email system have the right to use it for union organizing and other communications about wages and working conditions, but only during “nonworking time,” the National Labor Relations Board ruled Thursday…Less clear is whether employees have the right to use the email systems to communicate directly with unions. The board said in its written ruling that, ‘We do not address email access by nonemployees.’”

NLRB Judge Rules That Walmart Manager Cannot Legally Threaten to “Shoot the Union”. Slate: “In his decision, NLRB Judge Geoffrey Carter found Walmart in violation of the National Labor Relations Act for implicitly and explicitly threatening Walmart employees, ‘selectively and disparately’ enforcing its dress code so as to target union supporters, telling employees that bargaining-related activities were futile, and punishing employees for participating in a strike. Regarding the ‘shoot the union’ statement, Carter wrote that, contrary to Walmart’s argument, the comment ‘cannot be excused as a mere statement of opinion, a flip or intemperate remark, or hyperbole that no reasonable employee could have taken seriously.’”

The Government May Redefine What it Means to Be an Employee — and It’s a Huge Deal. Vox: “On Friday, the National Labor Relations Board issued complaints containing 78 charges against McDonald’s. Among those are charges that McDonald’s illegally threatened, fired, and cut the hours of employees who protested its wages. That’s not just significant because it concerns a huge corporation involved in a high-profile fight over wages; it’s a big deal because the NLRB’s general counsel recognized McDonald’s as a ‘joint employer’ of its fry cooks and cashiers, meaning the company is considered the employer alongside the smaller franchises where those people work.”

‘Quickie’ Union Election Rule Shrinks Campaign Period. SHRM: “Larger companies should consider having rapid response teams to be at the ready once a union petition is filed, [Michael Lotito, an attorney at Littler in San Francisco] said. Otherwise, by the time communication about the union goes through external and internal communications and government affairs, the company may find itself quickly unionized due to the new speediness of the election campaign period and internal red tape.”

Want more information about how these rulings may affect your organization? Contact us — we’re here to help.

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