Over the past six months, the pro-labor initiatives created and
developed by the current administration have exploded through
aggressive decisions made by the National Labor Relations Board
changing the way nonunion businesses look at their employment
policies.
The board is composed of five members who are appointed to serve
staggered five-year terms, and the board’s office of general
counsel, whose leader is voted in by the Senate for a four-year
term. The present board has three members, all of whom were
“recess” appointments by President Barack
Obama.
The National Labor Relations Act protects almost all private sector employees, whether union or nonunion, based on worker’s concerted activities under Section 7 of the act. It does not cover government employees, agricultural laborers, independent contractors or supervisors (with limited exceptions). Although nonunion employers have always been subject to the NLRA and to the enforcement powers of the NLRB, the recent proactive decisions by the board have sent a strong message to the business community that no employment policies are allowed to interfere with an employee’s ability to engage in protected concerted activity.
It remains to be seen if the board’s impact through
it’s prior decisions can survive potential judicial scrutiny
during the second half of 2013. For now, employers are advised to
proceed with caution while staying tuned to the drama that may
unfold for the NLRB.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
