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NLRB Continues to Keep Business Guessing

  • July 26, 2016

NLRB Continues to Keep Business Guessingcrystal ball

The business community continues to be concerned about many of the NLRB decisions that are being handed down.  It seems like the National Labor Relations Board has been working on a continuous erosion of management rights for the past several years.

Take for example, the recent changes the Board has instituted in the joint employer standard and union organizing. Common bargaining units have been turned upside down, and are seemingly created upon the union’s whim.   Associations like NRF and the Retail Litigation Center are asking that this decision be reviewed  by a full panel of the 5th Circuit. The case on so-called micro-unions was brought forward by Macy’s as a challenge to an NLRB ruling that allowed the United Food and Commercial Workers to organize only cosmetics and fragrance workers at a department store in Massachusetts.


Potential bargaining units may now include regular employees and temps in the same unit.

Most recently, the Board said that a rule against employees engaging in personal activity at work was overly broad and could chill their rights to engage in protected concerted activity. According to a report from BNA, the rule stated:  “Team members are to conduct only Casino Pauma business while at work. Team members may not conduct personal business or business for another employee during their scheduled working hours.”

What’s next, barring employers from requiring their employees to report to work?