Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: advice

NLRB’s GC Determines That Employees Must Expressly Invoke Their Right to Access Employer Property When They are Part of a Larger Group

Posted in NLRB
By Nelson Cary and Brad Gibson The UFCW union has tilted at the Wal-Mart windmill for many years now, employing various tactics to get Wal-Mart employees interested in unions and union activity. One tactic that has been used is mass demonstrations, including picketing. It was the use of a demonstration against Wal-Mart that recently led the NLRB’s … Continue Reading

Why Does the NLRB Care About The At-Will Disclaimer in Your Employee Handbook? New Memoranda Provide Insight

Posted in NLRB
If you have an employee handbook, you probably also have a disclaimer in it to let employees know that the handbook isn’t a contract, and that the employment relationship is terminable "at-will."  Typically, these disclaimers are pretty standard, and until recently, fairly noncontroversial. As others have reported, however, actions from the NLRB earlier this year have … Continue Reading

UPDATE: Comments Submitted on DOL Persuader Rulemaking

Posted in Union Organizing
Earlier this year, the DOL proposed a rule that would change many decades of interpretation of a federal law known as the Labor-Management Reporting and Disclosure Act (LMRDA).  The effect of the proposal is to radically expand the definition of "persuader" activities while limiting the definition of "advice" activities.  The distinction is very significant:  if an employer and an … Continue Reading

UPDATE: Department of Labor’s LMRDA Proposal has Broad Implications for HR Departments and In-House Counsel

Posted in Union Organizing
By Allen Kinzer and Nelson Cary Recently, we alerted you to the U.S. Department of Labor’s effort to change the reporting requirements for businesses who engage external advisors in connection with union organizing issues. As we continue to review these proposed regulations, their scope becomes even more problematic for employers.  For example, suppose you are a … Continue Reading

Big Brother Watching You? DOL Demands More Information from Employers About Union Avoidance Activities

Posted in Union Organizing
By Nelson Cary and Allen Kinzer Yesterday, the U.S. Department of Labor (DOL) proposed to do away with an interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) that has prevailed for nearly 50 years.  At issue is Section 203 of the LMRDA, which requires, among other things, that employers file reports with the DOL when … Continue Reading