A recent labor case has been in the news, in which a prominent coffee company has been deemed by the National Labor Relations Board to have illegally dismissed a problem employee because the staffer was “pro-union.”
However, here are some comments that worker reportedly made to his manager during one instance when he felt the manager should have helped during a busy period: “it’s about damn time”; “this is bull****”; and “do everything your damn self.”
But since the employee in question had organized union protests and the manager included that fact in the reasons given for dismissal, the NLRB determined his firing was at least in part because of his union support. It ordered the company to offer this person his job back — and compensate him for loss of pay and benefits. It goes to show that common sense doesn’t always apply with today’s NLRB and labor issues.
Barnes & Thornburg LLP and the Indiana Chamber of Commerce are proud to offer the second edition of The Indiana Guide to Labor Relations. Last published in 2000, a great deal has changed at both the federal and state levels, as well as in the workplace. This is a comprehensive guide, illustrating how employers can deal effectively with all varieties of union issues. New updates in this edition include:
- The NLRB’s recent attack on social media policies and disciplinary decisions
- Updated discussion on how to defend against union organizing
- Indiana’s right-to-work law
- New union election rules being contemplated by the NLRB
- Updated analysis of employers’ ability to lock out employees during bargaining
This book is available for $89, or $66.75 for Indiana Chamber members. It can be ordered online, or by calling (800) 824-6885.
Here are some other resources from the Indiana Chamber you may find helpful:
This issue has been kicked back and forth in the court system in the last couple of years. There finally appears to be some closure, much to the relief of America's business community. The Hill reports:
Industry groups, which quickly challenged the rule after it was issued, cheered the ruling. Jay Timmons, the president and chief executive of the National Association of Manufacturers, pledged to remain vigilant against the “rogue” NLRB.
“The poster rule is a prime example of a government agency that seeks to fundamentally change the way employers and employees communicate,” Timmons said in a statement. “The ultimate result of the NLRB’s intrusion would be to create hostile work environments where none exist.”
Judge A. Raymond Randolph, who wrote the decision for the U.S. Court of Appeals for the District of Columbia, suggested the rule was a clear violation of free speech rights because the government “selected the message and ordered its citizens to convey that message.”
Freedom of speech, Randolph wrote, “includes both the right to speak freely and the right to refrain from speaking at all.”
The court did not rule on whether the union poster regulations were constitutional, deciding only that the NLRB exceeded its legal mandate…
Business groups argue the NLRB has favored unions under President Obama's administration and pointed to the poster rule as one of the most egregious examples.
“Today’s decision is a monumental victory for small-business owners across this country who have been subject to the illegal actions of a labor board that has consistently failed to act as a neutral arbiter, as the law contemplates,” Karen Harned, executive director of National Federation of Independent Business's Small Business Legal Center, said in a statement.
The advocacy group National Right to Work called the NLRB’s poster rule an “outrageous effort to transform itself into a taxpayer-funded arm of union organizing.”
This is the second major court defeat for the NLRB in recent weeks. The same appeals court ruled in January that Obama’s recess appointments to the board were illegal and therefore invalid. The independent agency is tasked with prosecuting unfair labor practices and conducting union elections.
“Stopping the NLRB’s burdensome agenda of placing itself into manufacturers’ day-to-day business operations is essential to preventing further government-inflicted damage to employee relations in the United States,” Timmons said.
We want to let you know that on August 25, the National Labor Relations Board approved a new mandatory posting for private employers regarding the National Labor Relations Act.
You can pre-order new poster sets on our web site or call (800) 824-6885. Or better yet, join hundreds of Hoosier businesses by signing up for our poster subscription service. With this service, we’ll just send you new poster sets when MANDATORY changes are made. This gives you peace of mind of not having to track updates to keep your company in compliance. The service itself costs nothing extra; you just pay for the posters as you normally would. (Poster sets are $45 each and Indiana Chamber members receive 25% off.)
The new poster has not yet been released by the NLRB, but expect your new poster set(s) about two weeks after it is. (The new NLRB notice must be posted by November 14.)
NOTE: As this is an additional notice, our sets will likely once again include three sheets instead of two. This will not impact the cost on your end, however.