Tag Archives: NLRB

What your handbook says could hurt you

In Jurys Boston Hotel-356 NLRB No. 114.pdf, the National Labor Relations Board (NLRB) recently decided that regardless of whether or not an employer enforces its handbook policies, the mere existence of a policy deemed unlawful by the NLRB may have a significant impact. Indeed, the NLRB served up a not so gentle reminder of the importance of regularly reviewing and updating your employment policies.

Pursuant to a neutrality agreement, the employer recognized the union, UNITE HERE, and signed onto a master contract in 2004. In 2006, following the expiration of the master contract, an employee filed a petition for a decertification election.

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The NLRB continues to revisit and rewrite U.S. Labor Law

The NLRB, currently comprised of a decided 3-1 split in favor of organized labor (Liebman, Becker and Pierce, the Democrats v. Hayes, the sole Republican appointee), continues to take opportunities to revisit established labor law and issue questionable decisions with a clear bias in favor of unions and organizing. For instance:

  • It is OK for employees to show up at your home dressed as prisoners. In AT&T Connecticut 356 NLRB No. 118 (March 24, 2011).pdf, the NLRB held that the employer violated the NLRA when it suspended 183 employees who dressed as prisoners to protest a labor dispute with the employer while visiting customer homes. The employees, AT&T technicians, showed up at customer homes in response to service calls wearing white shirts that said “INMATE # ____” on the front, and “Prisoner of AT$T” on the back, with vertical stripes.
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