Category Archives: NLRB

IT’S NOT OUR FAULT – IT’S THEIR FAULT!!

  I’m not talking about kindergarten playtime or its “adult” equivalent … politics. Any time multiple employers are involved, labor and employment matters becomes much more complicated. The classic example is a construction site.  OSHA refers to such settings as … Continue reading

Posted in civil and criminal exposure, construction, government inspections, MSHA, NLRB, OSHA | Tagged , , , | 1 Comment

WATCH OUT FOR “REGULATION BY SHAME”

When OSHA Assistant Secretary Michaels and Jordan Barab famously admitted that OSHA was utilizing large penalties accompanied by harsh press releases to “motivate” employers to comply, I had mixed feelings.  Fear is a great motivator.  Aggressive publication of legitimate noteworthy OSHA citations … Continue reading

Posted in managing legal matters, MSHA, NLRB, OSHA, settlement strategies, union organizing, willful | Tagged , , , | Leave a comment

Response to Another NLRB Social Media Question.

As is often the case, we received hordes of fact-specific questions about what policies are being challenged by the NLRB, and what language has been approved regarding professional behavior, use of social media, courtesy and privacy.  I am tempted to … Continue reading

Posted in employer policies, harassment, NLRB, union organizing, unions, whistleblower/retaliation | Tagged , , , , | Leave a comment

Cussing Out Your Employee May Get You Sued By… OSHA??

  Hopefully you are aware of the continuing escalation of all forms of whistleblower and retaliation claims, including under the 21 Anti-Retaliation laws enforced by special investigators from OSHA’s Whistleblower group. If not, check out the News Room on OSHA’s … Continue reading

Posted in cultural changes, EEOC, generational differences, government inspections, management and leadership, NLRB, OSHA, whistleblower/retaliation, workplace violence | Tagged , , , , , | Leave a comment

D.C. Court of Appeals Rules NLRB Recess Appointments Were Unconstitutional

Wow. The Administration will appeal this decision to the U.S. Supreme Court, but if the Court upholds the Appeals Court, hundreds of NLRB decisions, some of them quite controversial, will be thrown out. I hope that we do not now hear a … Continue reading

Posted in concerted protected activity, discipline and discharge, employer policies, government inspections, NLRB, social media, union organizing, unions | Tagged , , , , , , | Leave a comment

Predictions About the NLRB

The Workforce Fairness Institute just published an interesting analysis of likely actions by the NLRB in 2013 – NLRB Targets Secret Ballot and Employee Private Information.  The authors feel pretty strongly about the material and make little pretense of neutrality, … Continue reading

Posted in concerted protected activity, discipline and discharge, employer policies, government inspections, hospitality, NLRB, social media, union organizing, unions | Tagged , , , , | Leave a comment

Wash Your $!&# Hands! Employers and the Flu

The CDC reports that the current flu season will be the worst one in recent years. On January 9, news outlets carried stories about the City of Boston declaring a state of public health emergency and of Chicago hospitals having … Continue reading

Posted in aging workforce, concerted protected activity, cultural changes, discipline and discharge, EEOC, employer benefit plans, employer policies, food processing, generational differences, government inspections, hospitality, managing legal matters, manufacturing, NLRB, OSHA, retail, social media, union organizing, unions, wellness | Tagged , , , , , , , , , , , , , , , , , | Leave a comment