Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: activity

NLRB Finds Vulgar and Threatening Statements Not Sufficiently Vulgar or Threatening to Warrant Termination

Posted in NLRB
By Nelson Cary and Al Kinzer While a petition to decertify a union was pending, a pro-union employee wanted to express his support for the union. In the employer’s breakroom, he encountered three different pro-union newsletters.  Impulsively, he scribbled onto each of these newsletters a different message. These included: “Dear P***ies, Please Read!” (The actual message did… Continue Reading

A Moment of Clarity: Third Report on Social Media Provides Employers with a Policy Deemed Entirely Lawful

Posted in NLRB
By Nelson Cary and Ashley Manfull In an extremely significant report concerning social media cases, issued on May 30, 2012, the NLRB’s Acting General Counsel (AGC) has provided more guidance to employers with social media policies.  Perhaps the most helpful information for labor professionals comes at the end of the 22 page report (pdf). In concluding… Continue Reading

Employer Discipline Against Complaining Employee Ruled Unlawful by NLRB

Posted in NLRB
Employers are often faced with employees who complain about issues with their employment.  When employees engage in "protected, concerted activity," however, the NLRA prohibits employers from taking disciplinary action against them.  A recent case from the NLRB is a good reminder of this rule.  In Wyndham Resort Development Corp., 356 N.L.R.B. No. 104 (March 2, 2011),… Continue Reading

Discipline Over Social Media Use Lands Employer Unfair Labor Practice Complaint

Posted in NLRB
Employee use of social media causes labor professionals problems with increasing frequency.  Facebook pages, Twitter feeds, and similar outlets seem to provide a never ending stream of possible employee relations scenarios.  In an effort to deal with these issues, many businesses have adopted policies governing employee use of these internet resources.  In addition to addressing the… Continue Reading

A Labor Day Present for Organized Labor

Posted in NLRB
The NLRB handed labor unions a helpful present just in time for the Labor Day weekend.  The National Labor Relations Act contains provisions that prohibit certain types of "secondary" activity.  For example, a union having a dispute with company "A" cannot picket the business of company "B" in order to force company "B" to stop doing business… Continue Reading