347 NLRB No. 4

here is no statutory right of employees or a union to use an employer’s bulletin board.”  However, where an employer permits its employees to utilize its bulletin boards for the posting of notices relating to personal items . . ., it may not “validly discriminate against notices of union meetings which employees also posted.

347 NLRB No. 4

an employer may forbid employees from talking about a union during periods when the employees are supposed to be actively working, if that prohibition also extends to other subjects not associated or connected with the employees’ work tasks.

347 NLRB No. 3

the filing of grievances and the Union's position in contract negotiations are internal union
affairs upon which an employer is not free to intrude.


347 NLRB No. 3

Section 8(c) . . . gives employers the right to express their views about unionization or a particular union as long as those communications do not threaten reprisals or promise benefits[,]”

Background

  • This blog is intended to be a learning and practice aid. NLRB decisions often contain the phrase, “It is well settled (or accepted or established) that,” followed by some point of Board law. I thought it would be useful/helpful to start a blog to capture such quotes on an on-going basis. I decided to jump start the blog by reviewing each decision issued from January, 2004 forward. For example, if a decision (either Board or ALJ) contained the phrase, “It is well settled (or accepted or established or recognized) that an employer has a duty to furnish the collective-bargaining representative with information that is necessary and relevant to the union's representation of employees,” then I cut everything after the “that” and pasted it to a post identifying the decision containing the quote. A small percentage of the quotes require me to use brackets and elipses points. If you see a quote you can use in a brief, please review the decision to ensure you properly state the quote. Also, please note that I make no warranty that the quotes actually represent Board law. For example, an ALJ may make a statement that something is “well settled,” and be totally wrong. I don’t think this happens very often, but please note that you should not necessarily count on a point of law as being well settled just because you read a quote in this blog. Each quote is assigned to a category. This was a loose process. Some categories overlap. For example, I have created categories named “8(a)(1)” and “Section 7 Rights.” In many cases a given quote could easily be assigned to both of these categories. If you see a quote that should be assigned to a different category or a new category, feel free to leave a comment. You can search the quotes by using your browser search tool to search the main page or a category page. If you go to a category and want to return to the main page, just click on the title of the blog at the top of the site. I.e. click on "It is well settled ..."

Disclaimer

  • The views expressed here are solely the author's and should not be attributed to his firm or its clients. The material and information provided on this website are for general information only and should not, in any respect, be relied on as legal advice or opinion. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of any information linked or referred to or contained herein. No person should act or refrain from acting in reliance on any information found on this website or blog, without first retaining counsel and obtaining appropriate professional advice from a lawyer duly licensed to practice law in the relevant state. These materials do not constitute legal advice and do not create an attorney-client relationship between you and David Hoskins or Frost Brown Todd LLC.
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