LATEST DEVELOPMENTS
FROM THE NLRB
Brenton D. Soderstrum
BrownWinick
666 Grand Avenue, Suite 2000
Des Moines, IA 50309-2510
Telephone: 515-242-2474
Facsimile: 515-323-8574
E-mail: soderstrum@brownwinick.com
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National Labor Relations
Board (NLRB)
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NLRB
Regulates employee rights to
engage in collective activities in
businesses in “interstate
commerce”
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Concerted activities for purposes
of mutual aid and protection
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Interstate Commerce
• Non-retail establishments -$50,000 gross receipts
• Retail/Construction
establishments -- $500,000
gross receipts
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NLRB majority controlled by
Obama-administration appointees
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NLRB Proposed
Rulemaking
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Proposed Rule: Notice to
Employees of NLRA Rights
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“No less prominently”
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Effective Date
• Originally 11/14/2011
• Delayed to 01/31/2012
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Impact of Failure to Post
 Tolling of Statute of Limitations
 Evidence of Anti-union Animus
 Per Se Unfair Labor Practice
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Download from NLRB
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Purchase from Vendor
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Preparation
 Begin/Continue Union-free Plan
 Counter-Posting
 Supervisor Training
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Proposed Rule:
Quickie Elections
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Effective Date:
Still in Review
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• Election 10-21 days after
petition
• Shortened hearing procedures
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Proposed Rule:
Reporting Persuader Activity
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Effective Date:
Still in Review
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Narrows “advice exception”
to legal requirement that
employers report to federal
government activity and
expenses spent
maintaining union-free
status
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NLRB Guidance
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Guidance on Social Media
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Result of 14 unfair labor practice
cases involving discipline for
employee statements made in
social media (blogs, Facebook,
etc.)
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Where employer acts to interfere,
restrain or coerce employees in
exercise of protected activity,
NLRB will intervene
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Examples . . .
Discussions between employees
on workplace responsibilities and
performance
• Even involving
swearing/sarcasm/insults
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Examples . . .
Soliciting input online from coworkers about work disputes
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Examples . . .
Clicking on a “like” button
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Examples . . .
Overly broad social media policies
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Disclaimer: Nothing in this policy
shall be construed to limit in any
way your rights under applicable
federal, state or local law,
including but not limited to the
National Labor Relations Act
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Guidance on No-Solicitation
Rules (pending)
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Concerns the legal standard
NLRB should apply in determining
whether discrimination has
occurred when limiting nonemployees access to employer
premises
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Existing Standard
• Permitting charitable (civic
organizations) to solicit on
employer premises is not
discrimination
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Review your existing rules and
protocols, enforce consistently,
and train managers
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May extend to e-mail accounts –
The Guard Publishing Co., 375
NLRB No. 27 (2011)
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Important Recent NLRB
Decisions
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Lamans Gasket Co.: Employer
decision to grant recognition
based on card check cannot be
challenged for “reasonable period
of time”
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Specialty Healthcare and
Rehabilitation Center of Mobile:
CNAs in a nursing home will constitute
an appropriate bargaining unit in
absence of proof that excluded
employees share an “overwhelming
community of interest”
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Sheet Metal Workers Local 15:
16 foot tall, 12 foot wide balloon
rat protesting secondary employer
not prohibited
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Northeastern Land Services, Ltd.:
Salary confidentiality policy found
to be illegal
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Go Ahead N.A., LLC:
Election voided due to improper
union conduct
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Crystal Ball Gazing
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Website: www.brownwinick.com
Toll Free Phone Number: 1-888-282-3515
OFFICE LOCATIONS:
666 Grand Avenue, Suite 2000
Des Moines, Iowa 50309-2510
Telephone: (515) 242-2400
Facsimile: (515) 283-0231
616 Franklin Place
Pella, Iowa 50219
Telephone: (641) 628-4513
Facsimile: (641) 628-8494
DISCLAIMER: No oral or written statement made by BrownWinick attorneys
should be interpreted by the recipient as suggesting a need to obtain legal
counsel from BrownWinick or any other firm, nor as suggesting a need to take
legal action. Do not attempt to solve individual problems upon the basis of
general information provided by any BrownWinick attorney, as slight changes in
fact situations may cause a material change in legal result.
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