Recent NLRB Actions Force Employers to Change Established Policies and Practices

Over the last few years, the National Labor Relations Board (NLRB) has dramatically expanded employee rights to engage in “protected concerted activity” by limiting employers' use of many standard employment policies and practices. Now, the NLRB is implementing sweeping changes to the decades-old representation election process, making it faster and easier for unions to organize the workplace. This article highlights recent NLRB decisions and actions that have broadened the scope of employees' rights under Section 7 of the National Labor Relations Act (NLRA), summarizes the December 2014 final rule changing the representation election process, and provides an update on the court decisions in the Noel Canning case, which cast doubt on some recent NLRB actions. See NLRB v. Noel Canning, 134 S. Ct. 2550 (2014).