Use of Email for Union Organizing, Quirky Question # 31
Quirky Question # 31: Our company provides desktop computer terminals with email to virtually all of our employees. We have adopted a policy covering the use of all of our Company-provided...
View ArticleButtons Worn by Union Employees, Quirky Question # 44
Quirky Question # 44: I am a nursing supervisor working in a 250-bed acute care hospital. We have been engaged in protracted contract negotiations with the union representing our registered nurses for...
View Article14 Penn Plaza: US Supreme Court Decision
U.S. Supreme Court Enforces Agreement Compelling Unionized Employees to Arbitrate Discrimination Claims Dorsey’s Analysis On April 1, 2009, an ideologically divided United States Supreme Court resolved...
View ArticleChanges to Nation’s Employment Laws
Dorsey’s Analysis of Changes to the Nation’s Employment Laws The advent of the Obama Administration is likely to result (and already has resulted) in sweeping changes to federal labor and employment...
View ArticleUnionization of Home Based Employees, Quirky Question # 91
Quirky Question #91: I own a company with a nationwide work force, and all of our employees work out of their homes. I am hearing rumors that these employees may try to organize a union. Is this...
View ArticleNew Legislation, (Non)-Quirky Question # 135
Quirky Question # 135: This question is not particularly “quirky” but I’d like to know what legislation Congress currently is contemplating that bears upon employment issues. Can you provide any...
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New Process Steel LP v. NLRB, Supreme Court Rules On NLRB Composition
On June 17, 2010, a sharply divided United States Supreme Court resolved the case of New Process Steel LP v. NLRB. The highly anticipated decision resolved a Circuit split that had developed after the...
View ArticleGranite Rock Co. vs. International Brotherhood of Teamsters, Arbitration...
Granite Rock Co. v. International Brotherhood of Teamsters On June 24, 2010, in the final labor and employment law decision of its 2009-10 term, the Supreme Court decided the Granite Rock Co. v....
View ArticleHappy Holidays From The NLRB: Your Carefully Crafted Social Media Policy May...
Set forth below is the article from one of our partners regarding the recent NLRB Complaint, stemming from a posting on Facebook. Happy Holidays from the NLRB Depending on the study cited, as many as:...
View ArticleQuirky Question # 177, Regulating Speech in Union Organizing Campaigns
Question: I work for a company called Star Registered, Inc. We employ sales employees who perform door-to-door direct sales. Customers can register stars to their names (we copyright the name with the...
View ArticleQuirky Question # 186: Can Arbitration Agreements Ban Class Claims?
Question: For many years, our company has required all employees to sign a contract agreeing to arbitrate any employment claims, including discrimination claims. Last year we changed our form contract...
View ArticleAnother Social Media Report by the NLRB Offers Needed Guidance for Employer...
Another Social Media Report by the NLRB The National Labor Relations Board released its second Social Media Report in January of this year providing the General Counsel’s analysis of 14 challenged...
View ArticleQuirky Question #198, Employee Handbooks and At Will Employment
Question: A friend just told me that we have to revise our Employee Handbook. He claims we no longer can say that our employees are employed “at will.” They are. Why can’t we say it? Answer: You ask a...
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Quirky Question #206, NLRB
Question: I discovered one of my employees announced on Facebook that our company is a horrible place to work and she is just “coasting” and waiting to be fired. Normally, I would just fire her, but...
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Quirky Question #229, The Not-Clear-Cut Case for Canning a Cussing Worker
Question: I’m the owner of a small record store. I have 13 sales clerks and 4 back room employees. Things aren’t great these days – but we get by. Fortunately, while people listen to music on their...
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Quirky Question #241, Working for Free In Montana At A Start-Up Business
Question: I was laid off by my Montana employer and I have decided to help my brother with his start up business. I will be a 50% owner but we are not going to take a salary until revenue is...
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Quirky Question #245, Last chance agreements
Question: We operate a manufacturing plant with a union workforce where new employees begin with a 90-day probationary period during which they are not yet members of the union. I recently hired a guy...
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NLRB Published Report Concerning Employee Handbook Rules and Policies
On March 18, 2015, NLRB General Counsel Richard Griffin published a Report concerning recent case developments arising in the context of employee handbook rules and policies. The thirty-page Report...
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Quirky Question #265, Can I have an English-Only Policy?
Question: Our Company may implement a policy that requires employees to speak in the English language. What risks should we be aware of? Marilyn Clark Jessie Mischke Answer: By Marilyn Clark and...
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Quirky Question #269: Like it or Not – Facebook Post Protected Under the NLRA
Question: I own a small manufacturing company that employs 25-35 employees, depending on our workload. Over the years, a number of my customers and my employees have “friended” me on Facebook. Last...
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