How to Respond to an NLRB Investigation

By: Otto S. Shill, III For employers in western states, labor disputes may seem like remote events that happen between unions and companies in industrial cities east of the Mississippi River. After all, Arizona is an “at will employment” and “right to work” state, isn’t it?  But here in Arizona…

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Senate Confirms Obama’s 5 NLRB Nominees

Tuesday, July 30 marked the first time in more than a decade that all 5 member positions have been filled on the National Labor Relations Board (NLRB). The senate took a vote Tuesday morning to appoint several nominees. As part of a bi-partisan agreement reached this month, two new candidates…

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DC Court Invalidates Obama’s NLRB Appointments

By Keith Overholt Today, the United States Court of Appeals for the District of Columbia Circuit held that President Obama’s recess appointment of NLRB Members Block, Flynn and Griffin were unconstitutional because the vacancies which they filled did not arise during “the Recess” of the Senate and the appointments were…

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Time to Review Your Social Media Policy

By John Egbert Employers that have a Social Media policy should pull it out and review it in light of a recently-issued memorandum by the NLRB’s Acting General Counsel.  The memorandum identifies several examples of provisions which are common in many employers’ social media policies, and which (at least according…

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Employers Should Carefully Craft Social Media Policies

By Keith Overholt The National Labor Relations Act protects employees’ rights to engage in protected concerted activity.  Broadly, this means employees have the right to discuss the terms and conditions of their employment including wages, fringe benefits and working conditions.  An employee has this right regardless of whether there is…

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