Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: Hayes

Employer Request for Confidentiality During Investigation of Complaint Unlawful

Posted in NLRB
An employee complains to human resources about misconduct by another employee.  Human resources begins an investigation to determine whether the complaint is true.  During its investigation, it requests that employees it interviews keep the matter confidential.  Unlawful?  Potentially so, according to the NLRB majority in Banner Health System, 358 N.L.R.B. No. 93 (2012), a decision released yesterday.  … Continue Reading

Rule Restricting Access to Employer Property Held Unlawful

Posted in NLRB
By Nelson Cary and Cecil Patterson Recently, in Sodexo America LLC, 358 N.L.R.B. No. 79 (2012) (2-1), the NLRB found that a hospital policy restricting employees’ off-duty access to the hospital violated the NLRA. The policy provided that:   Off-duty employees are not allowed to enter or re-enter the interior of the Hospital or any other… Continue Reading

Federal Judge Invalidates NLRB Election Rule

Posted in NLRB
Satisfying his promised timeline, Judge James E. Boasberg issued a decision (pdf) today finding the NLRB’s election rule invalid.  Quoting Woody Allen that "eighty percent of life is showing up," Judge Boasberg found that the rule was invalid because one of the NLRB members did not participate in the vote to adopt it.   When the final… Continue Reading

AGC Issues Guidance on New Election Rules; Court Denies Motion to Stay

Posted in NLRB
With the effective date of the NLRB’s new election rules now less than 48 hours away, the NLRB’s Acting General Counsel (AGC) continues his implementation efforts.  On Thursday, the AGC issued a memorandum (pdf) to the various regional offices of the NLRB containing additional information interpreting the new rule.  It also contains implementation instructions for the… Continue Reading

Details of NLRB Election Rule Published; Chamber Files Lawsuit

Posted in NLRB
By Nelson Cary and Micah Dawson Earlier today, the NLRB formally published their new election rules in the Federal Register.  Chairman Pearce (D) and Member Becker (D), whose term ends next week, voted in support of the new rule. Member Hayes (R) withheld his vote. Member Hayes can vote against finalizing the rule and publish a statement… Continue Reading

Hayes Stays: NLRB Moves Forward with Election Rule

Posted in NLRB
The NLRB headed into a public vote today over a proposed rule on election procedures summarized yesterday on this blog.  It did so without assurances that one of its members, Brian Hayes (R), would be present. While tensions were high, Member Hayes did attend the meeting and the NLRB voted along party lines, 2-1, to move… Continue Reading

New Labor Rules Announced for Employers Involved in Mergers and Acquisitions

Posted in NLRB
A business that purchases or merges with a company whose employees are represented by a union must navigate a labor law minefield.  The NLRB recently planted another mine in that field. In UGL-UNICCO Service Co., 357 N.L.R.B. No. 76 (2011) (3-1), the NLRB restored a modified version of the "successor bar" doctrine.  If the "successor bar" applies, the union that represented… Continue Reading

Chairman Liebman Leaves the NLRB

Posted in NLRB
Chairman Liebman’s third term expired at midnight on August 27, 2011.  Her departure brings the NLRB down to three members:  Pearce (D), Becker (D), and Hayes (R).  As Chairman Liebman departed, Member Pearce was designated the new Chairman of the NLRB.  The press release from the NLRB notes that Chairman Liebman was the third longest serving member… Continue Reading

Proposed Rule Hastens Union Election Process

Posted in EFCA, NLRB
It is only Wednesday, and yet the week has still been a tough one for employers concerned about union-related issues. On Monday, the U.S. Department of Labor proposed a new interpretation regarding persuader activity. Then yesterday, the NLRB announced a proposed rule that will significantly change, and likely accelerate, the union election process. The official publication of the… Continue Reading

NLRB Makes it Harder for Employees to Lower Union Dues

Posted in NLRB
In non-right to work states, an employer and a union may lawfully agree to include a "union security" provision in their labor agreement.  This clause requires all employees to become a member of the union.  If an employee refuses to join the union, the contract typically requires the employer to terminate that employee. Many years ago,… 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