National Labor Relations Act Obligations for Non-Union and Union Employers

Complying with NLRA Mandates and Preparing for Heightened NLRB Enforcement

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, April 6, 2011

Recorded event now available

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Course Materials

This CLE course will provide employment attorneys with a review of the National Labor Relations Board's current enforcement efforts, common employer missteps in complying, and strategies for employers—both non-union and union—to comply with NLRA obligations.

Description

Non-union employers often assume that the National Labor Relations Act (NLRA) only applies to unionized workplaces. However, the NLRA applies to all private sector employers, and companies that ignore its requirements run the risk of violating federal laws.

The National Labor Relations Board (NLRB) has recently stepped up its enforcement efforts, made changes to its policies and procedures, and proposed additional regulatory requirements for employers, making NLRA compliance more complicated and time-consuming.

Counsel to employers should immediately review their clients' employment practices—and prepare employers to train their managers and supervisors on the potential legal landmines associated with the new NLRB agenda and establish and implement best practices to minimize corporate risk.

Listen as our authoritative panel of labor and employment attorneys discusses the NLRB’s recent enforcement activity, potential pitfalls for employers, and best practices for employers—both non-union and union—to comply with NLRA obligations.

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Outline

  1. Common employer pitfalls and best practices for employers
    1. Prohibiting wage and benefits discussions by employees
    2. Strict confidentiality policies
    3. Non-solicitation and non-distribution policies
    4. Bans on fraternization
    5. Prohibitions on use of email, blogging, Internet
  2. Current NLRB enforcement activity
    1. Proposed rule regarding posting notices in the workplace
    2. Increase in Section 10(j) injunctions
    3. Increased use of Gissel bargaining orders
    4. Default language in settlement agreements
    5. Harsher penalties for unfair labor practice charges
  3. Recent NLRB decisions of note
    1. Representation cases
    2. Unfair labor practices cases

Benefits

The panel will review these and other key questions:

  • What steps has the NLRB taken recently to increase its enforcement of labor laws?
  • What employee practices are considered "protected concerted" activities under the NLRA?
  • What steps should non-union and union employers take to prepare for enhanced NLRB enforcement?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Peter D. Conrad
Peter D. Conrad
Partner
Proskauer Rose

He has represented employers in numerous industries (including health care, higher education, financial services,...  |  Read More

Eric C. Stuart
Eric C. Stuart
Shareholder
Ogletree Deakins Nash Smoak & Stewart

He represents management in collective bargaining negotiations, arbitrations, union organizing campaigns, unfair labor...  |  Read More

Liquita L. Thompson
Liquita L. Thompson
Partner
Baker & McKenzie

She represents employers from all types of industries in labor and employment matters. In traditional labor, she has...  |  Read More

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