One last major change on the radar of employment lawyers and HR specialists involves a law that many believe may not apply to them – the NLRA. Recent history has shown that The NLRB is increasing the scope of its authority by focusing on employers with a non-unionized work force and since 2015 has been laying the groundwork for a possible increase in unfair labor practice charges.
Importantly, in a 2015 report, the NLRB announced its position on customary workplace policies and rules, including those regarding protection of employer’s confidential information, rebuking conduct toward employers, supervisors and fellow employees, communications with outside parties, restrictions on the use of recording devices in the workplace, avoiding conflicts of interest and the use of social media.
These and other issues appear to be part of the NLRB’s efforts to rebuke policies that could “chill” employees from engaging in concerted activities. Recent decisions by the NLRB reveal that no employer, unionized or not, is immune from the NLRB’s effort to enforce employees’ rights to engage in concerted activities.
– Nancy Johnson