Vigilant Blog

The National Labor Relations Board (NLRB) has severely limited an employer’s ability to keep investigations confidential, except in very narrow circumstances. In a recent case, a hospital employee made a patient safety complaint to HR. The HR manager began an investigation into the complaint and instructed the complaining employee not to discuss the matter with…

Employers may be shocked to hear what the federal National Labor Relations Board (NLRB) says is unlawful when it comes to confidentiality and social media policies. The acting General Counsel for the NLRB recently issued an   Tips: The General Counsel’s memo takes a very aggressive stance against regulating an employee’s online activity and deals…

A federal district court has ruled that the National Labor Relations Board didn’t have enough votes to impose new rules that would have sped up union election procedures as of April 30, 2012. At the time of the vote, there were only three people on the Board, and one of them refused to participate in the…

The District of Columbia Circuit Court of Appeals today issued an order putting the National Labor Relations Board’s new posting requirement on indefinite hold while it considers an appeal of a lower court’s ruling (posting requirement had been scheduled to be effective on April 30, 2012.The decision that is being appealed is a ruling by…

A federal district court in South Carolina has ruled that the National Labor Relations Board lacks the authority to require employers to display a poster explaining workers’ rights under the National Labor Relations Act (NLRA) (U.S. Chamber of Commerce v. NLRB, D SC, April, 2012). This decision contradicts a ruling last month by a federal…

A federal district court recently upheld the National Labor Relations Board’s new rule requiring employers to display a poster informing workers of their rights under the National Labor Relations Act (NLRA). However, the court said the Board went too far when it issued a one-size-fits-all policy that failure to display the poster would be an…

<!—[if gte mso 9]><xml> Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4 </xml><![endif]—><!—[if gte mso 9]><xml> </xml><![endif]—><!—[if gte mso 10]><style> /* Style Definitions */ table.MsoNormalTable{mso-style-name:”Table Normal”;mso-tstyle-rowband-size:0;mso-tstyle-colband-size:0;mso-style-noshow:yes;mso-style-priority:99;mso-style-qformat:yes;mso-style-parent:””;mso-padding-alt:0in 5.4pt 0in 5.4pt;mso-para-margin-top:0in;mso-para-margin-right:0in;mso-para-margin-bottom:10.0pt;mso-para-margin-left:0in;line-height:115%;mso-pagination:widow-orphan;font-size:11.0pt;font-family:”Calibri”,”sans-serif”;mso-ascii-font-family:Calibri;mso-ascii-theme-font:minor-latin;mso-hansi-font-family:Calibri;mso-hansi-theme-font:minor-latin;}</style><![endif]—> Things have been hopping at the National Labor Relations Board, the agency that enforces workers’ rights to collectively band together on issues related to their…

As expected, the National Labor Relations Board (NLRB) pressed ahead by a 2-1 vote with a final rule implementing some of its recently proposed changes to speed up the procedures for union elections. The NLRB Chair wanted to finalize the rule before the December 31, 2011, expiration date of Board Member Craig Becker’s term, which…

In a 2-1 vote, the National Labor Relations Board (NLRB) comments from Vigilant) to its proposal to streamline and speed up the process for holding a union election (Vigilant will keep members apprised if a final rule is approved. In a 2-1 vote, the National Labor Relations Board (NLRB) resolved to draft a final rule…

Most private employers will be required to display a poster notifying employees of their rights under the National Labor Relations Act (NLRA), under a new rule that takes effect on . Among other things, the poster tells employees they have the right to join a union, bargain collectively with their employer, take action with one…

The National Labor Relations Board recently issued two significant proposals affecting employers. One proposal would streamline the process for workers to vote whether to have a union represent them. Once a union files a petition to hold an election, employers would have to submit information more quickly and would have fewer opportunities to appeal (76…