The National Labor Relations Act (NLRA) is provides employees with the right to unionize and collectively bargain. Section 7 of the NLRA gives employees the right to self-organize; bargain collectively through a representative of their choice; assist, form or join a labor organization; engage in other activities for mutual aid or protection; or refrain from doing all of these activities.
Though the Act also protects employees of non-union employers, this fact is not completely understood or acknowledged by non-union entities. Employers have to know when employees are engaging in protected, concerted activity, because a misstep or wrong decision made on the belief that there is no “protection” for these workers, can lead to huge liability.
Non-union employers must also be aware of principles involving the implementation of no-solicitation policies. Further, employers working with excessively broad social media policies risk exposure to liability if the policies can be reasonably construed as prohibiting employees from engaging in Section 7 activities. And, even more troubling for non-union employers are the new, so-called, ambush election rules which were implemented in April 2015. Another recent development concerns the law of “joint employer,” in which two employers (separate legal entities) can be found jointly and severally liable for the unfair labor practices or labor misdeeds of the other. In some circumstances, both entities can be organized. In a number of recent cases, the NLRB is taking a very expansive view of this doctrine, something to put non-union employers on the alert.
In light of the increasingly confusing and strict regulatory environment, this session by expert speaker Mark E. Tabakman, will teach you the “art” of identifying when such issues concerning non-union employers can lead to potential legal exposures. It will provide you the information, knowledge and guidance to correct or rectify such issues before it becomes a full-blow legal liability.
Who Should Attend
Mark is a labor and employment lawyer at Fox Rothschild, LLP who handles both union and non-union matters for employers across the country. He counsels human resource professionals and in-house counsel in complying with the myriad federal/state employment laws to provide creative, practical and cost-effective solutions... More info