Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: employee handbook

New Year, New Direction? Possible Decisions from The Trump NLRB in 2018 and Beyond

Posted in NLRB
Just a few months after the NLRB became majority Republican, there are early signs that the agency may be taking a new direction in 2018.  Peter Robb, the NLRB’s new General Counsel, sent a memorandum to all Regional Directors, Officers-in-Charge, and Resident Officers in early December. In his memorandum, which followed a practice that prior General… Continue Reading

U.S. Chamber of Commerce Takes on the NLRB

Posted in Employee Handbooks
The U.S. Chamber of Commerce has released a biting analysis of the NLRB’s recent decisions that attack employers’ basic handbook policies. The lengthy report summarizes a number of decisions that find many basic handbook policies on courtesy, respect, and confidentiality in the workplace to be unlawful under the NLRA.  Many of these cases have been covered… Continue Reading

Employer Access Policy Lawful, But Unlawfully Applied

Posted in Employee Discipline, NLRB
A recent NLRB decision hit on two issues of potential interest to labor professionals. The first, covered in today’s post, involved an employer policy on off-duty employee access to the employer’s property. It is another good example of the NLRB’s relentless scrutiny of employer policies, although this time with a slightly more favorable outcome for… Continue Reading

Policies on Employee Appearance and Social Media Use Declared Unlawful

Posted in Employee Discipline, NLRB
Recently, the NLRB, in a three-member panel of Chairman Pearce (D) and Members Hirozawa (D) and Johnson (R), ruled on more employee handbook provisions covering an expanse of topics including social media, employee conduct, and dress and grooming. In Boch Imports, Inc., the NLRB determined that the employer, a car dealer, violated the NLRA by… Continue Reading

NLRB General Counsel Releases New Guidance on Employee Handbooks

Posted in Employee Discipline, NLRB
Last week, NLRB General Counsel (GC) Richard F. Griffin, Jr. released a new report addressing problematic employee handbook provisions which could be “reasonably construed” as having a chilling effect on employees’ Section 7 activity.  Similar to the three reports previously issued by predecessor Lafe Solomon on social media cases, Griffin offers the report as guidance on… Continue Reading

Employers May Feel Blue About NLRB’s Purple Communications Decision

Posted in NLRB, Union Organizing
A recent decision from the NLRB is a good reminder that employer statements during union organizing activity have potentially wide-ranging effects.  This latest case involves Purple Communications, a provider of sign language interpreters who facilitate real-time, two-way phone communication between hearing-impaired and hearing individuals.  The union filed objections after suffering narrow election defeats at two… 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

Are There Any Policies I Can Keep in My Employee Handbook? NLRB Continues Tearing Apart Well-Intentioned Employer Policies

Posted in NLRB
By Nelson Cary and Ashley Manfull On the heels of last month’s NLRB decision in Costco Wholesale Corp., 358 N.L.R.B. No. 106 (Sept. 7, 2012), an administrative law judge (“ALJ”) for the NLRB has issued a new opinion finding portions of an employer’s social media policy unlawful, and directing the employer to remove other policies. … Continue Reading

NLRB Continues Its Focus on Employer Handbooks

Posted in NLRB
By Nelson Cary and Ashley Manfull Employers beware. The NLRB remains very interested in what you say in your employee handbook or other written policies and procedures. Its most recent decision even dipped its toe into the much publicized social media world, but didn’t directly confront a “social media policy” of the type the AGC has issued… Continue Reading