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NLRB Announces 'Hit List'

A Workplace Law Client Alert

By: Bodman's Workplace Law Practice Group


With the National Labor Relations Board (NLRB or Board) at full membership and controlled by pro-union appointees, the office of the General Counsel to the NLRB has prepared a “hit list” of anti-employer initiatives to bring before the NLRB for approval. Some of the items on the “hit list” seek to change well-established labor principles that have existed for over 50 years.

As announced in General Counsel Memorandum No. 14-01, the General Counsel is looking for the “right” unfair labor practice cases which will allow the NLRB to:

• Limit the right to purchasers to set initial terms of employment without bargaining with the existing union.

• Limit the employer’s right to permanently replace economic strikers.

• Allow union access to employer e-mail systems.

• Expand an employer’s duty to furnish financial information in bargaining.

• Allow employees in a non-union workplace to have a co-worker act as an employee representative in misconduct investigations.

• Expand an employer’s obligation to furnish information related to a relocation or transfer of work decision.

• Expand remedies in unsuccessful union organizing drives to allow: (1) access to employer electronic communications systems, (2) access to nonwork areas on the employer’s premises, and (3) equal time to respond to captive audience speeches.

• Require employers committing unfair labor practices during bargaining for a first contract to reimburse the union for its bargaining expenses or litigation expenses.

• Challenge the validity of partial lockouts.

• Challenge “at-will” provisions in employer handbooks.

This is just a partial list!

Employer decisions that were legal yesterday, and are legal today, may not be legal tomorrow. Unsuspecting employers may easily make decisions in compliance with current NLRB law only to find out that the law was changed and that the employer’s action is now a violation. Union and non-union employers must act carefully. If you have any questions or concerns, contact a member of Bodman’s Workplace Law Group listed below.

Bodman PLC Workplace Law Group

· Steven J. Fishman, Workplace Law Group Chair (248-743-6070 / sfishman@bodmanlaw.com)
· John C. Cashen (248-743-6077 /jcashen@bodmanlaw.com)
· Aaron D. Graves (248-743-6027 / agraves@bodmanlaw.com)
· Lauren A. Kwapis (248-743-6048 / lkwapis@bodmanlaw.com)
· David A. Malinowski (248-743-6033 / dmalinowski@bodmanlaw.com)
· Christopher P. Mazzoli (248-743-6066 / cmazzoli@bodmanlaw.com)
· Karen L. Piper (248-743-6025 / kpiper@bodmanlaw.com)
· Maureen Rouse-Ayoub (248-743-6026 / mrouse-ayoub@bodmanlaw.com)
· Charles M. Russman (248-743-6039 / crussman@bodmanlaw.com)
· Donald H. Scharg (248-743-6024 / dscharg@bodmanlaw.com)


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