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NLRB Trends

Rapid and extensive changes have been underway recently with the National Labor Relations Board (NLRB). Most notably, this federal agency's rule-making authority has expanded as of December 2014, overcoming previously well-known checks and balances.

Traditionally, it has been understood that only Congress could write federal laws. Government agencies, in turn, have traditionally interpreted and enforced laws. They have had the task of writing rules aimed at giving laws teeth.

However, the NLRB has now entered a realm of lawmaking previously unknown. Employers do well to consult with attorneys about how new powers of the NLRB may affect their employee relations. What does this mean for you, an employer? The Texas employment lawyers of Key Harrington Barnes PC can inform your business about how to respond to changes affecting you and your union relations.

Specifically, we can bring you up to speed on how these and other trends and developments may affect your business operations:

  • The facilitation of "quickie elections" for union employees, as of April 2015. The new rules will allow unions to file election petitions with NLRB regional offices and serve notice to employers electronically. Quickie election notifications will require employers to distribute such notices to employees immediately by email. Employers will be burdened with stringent requirements involving communications with employees and regional offices of the NLRB. Failure to follow protocols may result in swift, unwelcome changes.
  • Newly articulated "Section 7 rights" of nonunion employees, alter previously allowed enforceability of employers' rules intended to deter nonunion employees from engaging in "protected concerted activity" under the National Labor Relations Act (NLRA). Previously, employers could prohibit employees from posting confidential business information via social media. The new Section 7 rules remove these prohibitions.

Key Harrington Barnes PC can keep you informed and help you develop a plan of action for your business, to address these and other developments involving the NLRB.

Contact a Dallas Employment Law Firm for Guidance in Response to NLRB Trends

Wishing these challenges away will not solve anything. Staying informed and preparing to act as necessary is the smart pathway of adaptation for business owners. Call (214) 615-7925 or submit an intake form to schedule a consultation with one of our Texas employment law attorneys regarding any issue of concern.

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