Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: Section 7

Some Guidance for Employers on Drafting Lawful Conduct Rules

Posted in Employee Handbooks
Earlier this month, the NLRB’s Division of Advice (“Advice”) released a memorandum that opined on a variety of CVS Health’s (the “Company’s”) policies.  It considered whether those policies were “unlawfully overbroad” as they related to employees’ Section 7 rights under the NLRA.  It found that some were, but most were not. The advice memorandum is… Continue Reading

New NLRB Guidance Gives The Green Light On Common Sense Employee Work Rules

Posted in Employee Handbooks, NLRB
Last December, the NLRB recently established a new standard for determining the lawfulness of facially neutral employee handbook policies that “may” restrict the exercise of an employee’s NLRA rights.  As more fully discussed in our prior post, in Boeing Company the NLRB rejected its previous standard for reviewing employer rules and replaced it with a… Continue Reading

Employee Handbooks: The NLRB Pendulum Swings Back Toward Common Sense And Workplace Civility

Posted in Employee Handbooks
The NLRB has recently brought a measure of common sense back to its review of employer policies, including employee handbooks. Since 2004, as a result of the NLRB’s Lutheran Heritage Village-Livonia decision, many facially neutral workplace rules and handbook policies have been held to be an unlawful interference with employees’ rights protected by the NLRA.… 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

Improper Policy Doesn’t Necessarily Mean Improper Discharge

Posted in NLRB
By Nelson Cary and Ashley Manfull Recent scrutiny of employee handbook policies by the NLRB (highlighted in prior posts on this blog) have left labor professionals grappling with what employee misconduct may be grounds for disciplinary action without running afoul of the NLRA.  Labor professionals are appropriately concerned that discharges may be overturned if employment policies… Continue Reading

It’s Official: NLRB Confirms Protection for Employees Involved in Facebook Rants Against Coworkers

Posted in NLRB
By Nelson Cary and Ashley Manfull As readers of this blog know, in September 2011, Administrative Law Judge Arthur Amchan was the first NLRB judge to issue a ruling on a Facebook-related termination. In Hispanics United of Buffalo, Inc., ALJ Case No. 3-CA-27872, ALJ Amchan ruled that five employees of a non-profit organization were unlawfully terminated… Continue Reading

Union Attorneys Can’t Wear Union T-shirts: Another Lesson in Context (Among Other Things)

Posted in NLRB
Last year, the NLRB held that AT&T could not prohibit its service technicians from wearing a t-shirt while visiting customer homes with the words “Inmate #” on the front and “Prisoner of AT$T” on the back. Last week, the General Counsel’s Division of Advice determined (pdf) that the New York State Public Employee Federation, a union,… Continue Reading