October 2012

A challenging year

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NLRB has issued significant rulings favoring employees during the past year

by Jason C. Kim and Gray I. Mateo-Harris
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There have been several significant legal developments this year from the National Labor Relations Board (NLRB) broadly affecting a variety of employment-related issues, including union elections, at-will employment, mandatory arbitration agreements and an employee's right to engage in protected concerted activity via social media.

These issues all revolve around whether such activities comply with the National Labor Relations Act (NLRA), which makes it an unfair labor practice for employers to interfere with or restrain employees' rights to engage in concerted activities for their mutual aid and protection. Keeping abreast of these and future NLRB developments is essential for you to minimize your liability resulting from such claims.

"Quickie" election rule

On Dec. 22, 2011, NLRB published a highly controversial new rule significantly reducing the time between the filing of a representation petition and the holding of an election, giving employers little time to educate employees about their rights and possible risks of unionization. The new rule also brought about other union-friendly changes, including significant changes to the procedure for challenging the voting unit. The new rule went...

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NLRB ruling

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