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Validity : 21st Apr'24 to 01st May'24
Changes at National Labour Relations Board
• Board Member backgrounds
• General Counsel background
• Change to community interest standard for determining an appropriate unit for a representation election. (Previously “overwhelming community of interest”)
• Scope of protected concerted activity (single employee/abusive profane language)
• Handbook rules found unlawful by Obama Board
• Use of employer’s email system
• Protected work stoppages
• Off duty employee access to company property
• Impact of anti-discrimination laws on activity previously found to be protected by NLRB
• Right of union representation in non- union settings or in mandated drug testing situations
• Joint employers
• Successor employers
• Unilateral changes in wages, hours or working conditions versus past practice
• Providing witness statements to unions
• Expiration of dues check-off when collective bargaining agreement expires
• Deferral to arbitration
• Offset of interim earnings in back-pay cases
• Appropriateness of Injunctive Relief
Overview of the webinar
There will be a brief review of the background of the Board Members and the Board’s new General Counsel. That review will be followed by a presentation of changes that have actually occurred and changes that are being contemplated, including a requirement by the General Counsel of the Board that certain cases pending or filed with Regional Offices of the Board be submitted to the General Counsel for independent review and analyses to determine the appropriate precedent to be applied. Those cases involve the scope of protected concerted activity, handbook rules, use of employer e mail systems, off-duty employee access to company property, conflicts between the National Labor Relations Act and other statutory requirements such as anti-discrimination laws and a host of other issues affecting the employer-employee relationship. The session will end with recommendations for actions to be taken by employers in light of the changes at the Labor Board.
The new NLRB is reviewing a number of positions taken by previous members of the Board including but not limited to use of surveillance cameras in the workplace, use of employer email systems for nonwork related matters, harassment conduct which may violate other federal or state statutes etc.
Who should attend?
Human Resources, Labor Relations Executives and Legal (General Counsel/Asst. General Counsel)
Why should you attend?
The make-up of the National Labor Relations Board has changed from three Democrats and two Republican Board Members under President Obama to three Republican and two Democrat Board Members under President Trump. As a consequence, many of the precedents, rulings and direction of the Obama Board have been re-examined or changed by the current Board, including but not limited to the standard for determining the appropriate unit for voting in a representation case and the scope of protected concerted activity in the workplace and on social media. As an employer representative you need to know all the things that have changed and how those changes affect your company and your employees. You need to know, as an employer, how your rights have been enhanced to more effectively direct your workforce.
Faculty - Mr.Daniel P. Murphy
Dan Murphy has been practicing labor law with the firm since 1978. Four years prior to that, he practiced labor law in the private sector in Neenah, Wisconsin and in the public sector as City Attorney for Neenah, Wisconsin. Dan has extensive experience in collective bargaining, arbitration, labor board matters, litigation and union organizing activity. Dan has conducted numerous training programs and seminars for members of upper, middle and front-line management on subjects including employee motivation, evaluation and discipline, documentation of employee conduct, application of the Family Medical Leave Act and Americans With Disabilities Act in the workplace, sexual harassment and practical ways on maintaining a union-free status in the workplace as well as managing in a collective bargaining environment. Dan has conducted seminars in London, Toronto, Vancouver and Montreal comparing the United States Labor and Employment Laws with those of England and Canada.