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Recent NLRB Actions

BY E. Fredrick Preis, Jr., Joseph R. Hugg, Rachael Jeanfreau,
April 02, 2015

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).

At-Will Employee Statements

In order to defend against employees' claims that employee handbooks and other written policies created a binding employment contract, employers traditionally have included in such written policies a statement confirming that no contract is being created and that employment is “at-will.” Ignoring the true purpose of such statements, recent NLRB decisions have held that certain at-will employment statements are unlawful under Section 7 of the NLRA, forcing employers to revise handbooks and other policies to avoid legal exposure.

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