Executive Summary: In a 3-1 decision, the National Labor Relations Board recently ruled that employers may prohibit nonemployee union representatives from soliciting or promoting union membership within common areas of an employer’s business – such as public restaurants and cafeterias – as long as the employer does so in a non-discriminatory manner. See UPMC Presbyterian Shadyside, et al, Case 06-CA-102465 (June 14, 2019). This decision provides employers with greater control over the use of their facilities. Continue reading “NLRB Gives Employers Greater Control Over Their Public Spaces”
On Monday March 24, 2014 the U.S. Fifth Circuit Court of Appeal affirmed the National Labor Relations Board’s decision that nonunion employer FlexFrac Logistics LLC violated the NLRA by maintaining a confidentiality policy that barred workers from discussing “personnel” or “confidential” information with anyone outside the organization.
The Fifth Circuit held that the NLRB was not unreasonable when it found that employees could construe the policy as prohibiting them from discussing their wages in violation of Section 7 of the National Labor Relations Act. Continue reading “Fifth Circuit Holds that Confidentiality Agreement Prohibiting Disclosure of Financial and Personnel Information Violates NLRA”