Life under the new National Labor Relations Board

by Michael VanDervort on April 12, 2010 · 16 comments

Union members picketing outside the National L...
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Employers will be impacted  

Here is some stuff on how the new appointments to the National Labor Relations Baord,  Craig Becker and Mark Pearce will begin to affect board policy over the next months.

The short version: 

The NLRB is now very pro-labor!

The more specific longer version:   

Expect to see case decisions and rulemaking that will significantly alter the current board approach to the following:

  1. Watch for a change in the definition of what constitutes a “supervisor” under section 2(11) ot the NLRA.  This  is separate from any possible legislation passed around the proposed RESPECT act.
  2. Permitting greater access to the workplace for organizing, possibly including the use of employer email systems
  3. Increased limitations on employer communication about unionization
  4. Increased reporting requirements for employers
  5. Likely to create shorter election cycles through administrative means
  6. Recognizing the notion of “minority unions”
  7. Increased use of bargaining orders
  8. Recognition of smaller units, permitting easier opportunity for a union to organize and win an election

Bear in mind, this will take a little time, so don’t expect to see much for a few months, but now is the time to think about preparation. 

What is the definition of supervisor under Section 2(11)?

 The term “supervisor” means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

 

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April 14, 2010 at 1:17 am

{ 15 comments… read them below or add one }

1 MikeVanDervort April 12, 2010 at 2:05 pm

[New Post at The Human Race Horses] Life under the new National Labor Relations Board http://www.thehumanracehorses.com/2010/0...

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2 PeninaSachs April 12, 2010 at 2:07 pm

RT @MikeVanDervort: [New Post at The Human Race Horses] Life under the new National Labor Relations Board http://www.thehumanracehorses.com/2010/0...

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3 Michael VanDervort April 12, 2010 at 10:05 am

[New Post at The Human Race Horses] Life under the new National Labor Relations Board http://bit.ly/cJjul5

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4 Michael VanDervort April 12, 2010 at 10:06 am

on HRH: Life under the new National Labor Relations Board http://goo.gl/fb/ImoYZ #nlrb #employment #labormovement

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5 Michael VanDervort April 12, 2010 at 10:07 am

RT @MikeVanDervort: on HRH: Life under the new National Labor Relations Board http://goo.gl/fb/ImoYZ #nlrb #employment

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6 PENINA C. SACHS April 12, 2010 at 10:07 am

RT @MikeVanDervort: [New Post at The Human Race Horses] Life under the new National Labor Relations Board http://bit.ly/cJjul5

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7 Michael VanDervort April 12, 2010 at 2:08 pm

New post on HRH: Life under the new National Labor Relations Board http://bit.ly/9z8eGU #nlrb #hr #shrm

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8 Martin Morgan April 12, 2010 at 6:40 pm

RT @MikeVanDervort: New post on HRH: Life under the new National Labor Relations Board http://bit.ly/9z8eGU #nlrb #hr #shrm

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9 Michael VanDervort April 13, 2010 at 12:51 am

RT @MikeVanDervort: Life under the new National Labor Relations Board http://bit.ly/bn3XVr #efca #efcafail

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10 Michael VanDervort April 13, 2010 at 2:08 pm

RT @tweetmeme
: Life under the new National Labor Relations Board http://bit.ly/bn3XVr

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11 U.S. Chamber April 13, 2010 at 6:12 pm

RT @MikeVanDervort: RT @tweetmeme: Life under the new National Labor Relations Board http://bit.ly/bn3XVr #NLRB

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12 MarthaFinney April 13, 2010 at 6:18 pm

RT @MikeVanDervort Life under the new National Labor Relations Board http://bit.ly/csxkoV

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13 Marsha Keeffer
Twitter:
April 14, 2010 at 1:12 pm

Has the legislation been passed that enables for union recognition without an election? That plus these changes will require HR people dealing with unions – or the potential for organization – to be very alert! Very informative post – thanks, Mike!

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14 Heather M. Doucet April 16, 2010 at 7:01 pm

Life under a new NLRB: http://bit.ly/cJjul5

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15 CFM Charter April 17, 2010 at 8:11 pm

NLRB expected to favor more pro-union moves in workplace http://dld.bz/a3bP

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