NLRB Holds Policy Banning “Negative Comments” and Requiring “Positive and Professional” Behavior Is Unlawful

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Expert Guest Entry by Nathan Pangrace, Originally Published on http://ralawemployment.blogspot.com/ The National Labor Relations Board (NLRB) recently held that an employer’s policy prohibiting “negative comments” and requiring “positive and professional” behavior was unlawful. The employer, Hills and Dales General Hospital, developed the policy in response to a poor working environment that was permeated with “back-biting and back stabbing.”…

Federal Court Rules that Class Waivers Do Not Necessarily Violate the National Labor Relations Act (“NLRA”)

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Expert Guest Entry by Shawn Romer, Post Originally Published on  Raw Law Employment In D.R. Horton v. National Labor Relations Board, 2013-WL-6231617 (5th Cir.), the federal Fifth Circuit court of appeals held that an employer could enforce a compelled arbitration agreement that prohibits an employee from initiating a class or collective action involving multiple other plaintiffs…

NLRB Finds Vulgar, Offensive, and Threatening Statements in Context of Union Decertification Protected Activity

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Expert Guest Blog Entry by Emily Wilcheck In September, the National Labor Relations Board (NLRB) held that an employer engaged in an unfair labor practice when it suspended and discharged an employee for making vulgar, offensive and potentially threatening statements in the workplace. In Fresenius USA Manufacturing (358 NLRB No. 138), a pro-union employee anonymously…