The "New" NLRB Signals Changes For Both Unionized and Non-Union Employers: Are You Ready? (March 2011)

January 25, 2011

BS&K's Statewide Labor and Employment Law, Employee Benefits and Executive Compensation and Immigration Law Practice is pleased to continue its on-going program of providing Senior Executives, General Counsel and HR Professionals with timely insight and information concerning the ever-shifting landscape in the employment environment. The following topics will offer a thorough review of major areas that concern and currently affect the workplace.

HRCI Recertification Credit
This program has been submitted to the HR Certification Institute.

Please note time difference between Downstate and Upstate locations.

Garden City / New York City

Registration and Continental Breakfast
8:30 a.m. to 9:00 a.m.
9:00 a.m. to 10:30 a.m.

All Other Cities

Registration and Continental Breakfast
8:00 a.m. to 8:30 a.m.
8:30 a.m. to 10:00 a.m.

Program Description
Although the much anticipated "Employee Free Choice Act" appears to have been permanently derailed, President Obama's pro-labor appointees to the National Labor Relations Board ("NLRB") are beginning to make their mark through administrative rather than legislative channels. These changes will greatly affect both unionized and non-union employers. This Breakfast Briefing will provide you with the latest update on recent developments from the "Obama NLRB." This Briefing will include discussion of:

  • The NLRB's new workplace posting rule -- what does the rule require; what penalties does the Board intend to pursue for non-compliance; and what impact will this have on organizing?
  • The NLRB's new electronic posting rule for unfair labor practice findings and Board supervised settlements
  • New, harsher penalties for employer unfair labor practice charges
  • The NLRB's new position on social media and its potential use in organizing and pre-organizing settings -- a discussion of legal traps for employers
  • NLRB precedents under fire -- possible reversal of existing caselaw by the Obama NLRB, including:
    • Weingarten rights (employee rights to co-worker representation in discipline interviews) for non-union employees
    • Use of e-mail and access to Employers' facilities
    • The definition of supervisors -- the Board's expected narrowing of the definition to expand the pool of individuals who can organize
  • Organizing rules -- what changes are in store?