An administrative law judge (“ALJ”) writing on behalf of the National Labor Relations Board (“NLRB”) reviewed the social media/on line communications policy of The Kroger Co. of Michigan, a retail grocery chain, in the context of an unfair labor practices complaint. In the decision issued on April 22, 2014, the ALJ ruled that portions of
The Punt Return — Northwestern Appeals NLRB Decision Football Players Are Employees Who Can Unionize
Again in the spotlight, the National Labor Relations Board punted the ball down field in a ruling that stunned the college sports world. The NLRB Regional 
Director, Peter Sung Ohr, ruled last month that the Northwestern University scholarship football players were employees. As employees, the players may vote to unionize. The impact of this decision
New Hampshire Legislature Rejects Legislation Which Would Bar Criticism of Employees
The New Hampshire Legislature is hard at work addressing a variety of proposed bills which would impact the states’s workplaces, large and small. On January 28, the Senate Commerce Committee rejected on a 4 to 1 vote the first of those bills on which a recommendation was made. SB 302, entitled “An Act Relative
NLRB Pro-Union Poster Not Revived On Appeal
The National Labor Relations Board did not appeal to the US Supreme Court two federal court decisions invalidating the NLRB’s Notice Posting Rule. The rule would have required many private employers to display a pro-union notice of employee rights in the workplace. This means most employers can now shelve the posters they printed in 2011.
DC Circuit Rules that Poster Required by NLRB Would Violate Employer Free Speech
On May 7, 2013 the United States District Court for the District of Columbia 
Circuit ruled that the poster designated by the NLRB as a required method of notifying both union and non-union employees of their rights under the National Labor Relations Act (“NLRA” or the “Act”) is inconsistent with employers’ rights to free speech
NLRB Gives Further Guidance on Confidentiality in Internal Investigations
In July 2012 the National Labor Relations Board (“NLRB” or the “Board”) issued its decision in Banner Health System and James A. Navarro essentially instructing those of us who conduct workplace investigations to avoid our standard “please keep what we discussed confidential” admonition to witnesses lest we find ourselves and our clients in violation of