Learn how NLRA impacts all employers, including those without unions, and what companies need to do to remain compliant.
Employees have the right under the National Labor Relations Act to form together for their mutual aid and protection and to engage in concerted activity to better their working conditions or protest those conditions. Although these actions usually occur in a union setting, nonunion employees also enjoy these protections and rights. Additionally, although nonunion employers are not bound to or confined by a collective bargaining agreement, the implementation of certain employer policies may unintentionally (or otherwise) impact adversely upon the exercise of these federally protected rights. This topic will educate nonunion employers as to their obligations to their employees, what they can and cannot prohibit, how to be aware of when union organizers are making an effort to bring a union in and how to deal with that contingency. The information will cover the new requirement to post employee rights under the NLRA, and highlight labor-management relations issues that are not solely for the employer who already has a union in the house.
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Agenda
Protected Concerted Activities Defined
- Section 7 of the National Labor Relations Act
- Concerted Activity Defined
- Activities for Other Mutual Aid or Protection
Protected Concerted Activity in the Nonunion Workplace
- Employee Complaints and Protests
Employer Policies Implicating the NLRA
- No Solicitation Rules
- No Access Rules
- Hiring Policies
- Salting
- Union Affiliation Questions and Issues
- Fraternization Policies
- Confidentiality Policies
- No Complaints to Customers Policies
Economic Pressure in a Nonunion Environment
- Work Stoppages and Strikes in a Nonunion Setting
Organizing 101
- Signs of Organizing
- Employer Response
- Overview of NLRB Secret Ballot Election Procedures and Issues
The Weingarten Right in the Nonunion Setting
- Overview of the Right to Employee Representation
- Application of Principles to a Nonunion Setting
New Posting Requirements
NLRA and the Social Networking Issue
Overview of Recent NLRB Cases
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on March 25, 2019.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Mark E. Tabakman, Esq.
Fox Rothschild LLP
- Labor and employment partner in the Princeton office of Fox Rothschild LLP
- Represents clients before National Labor Relations Board, responds to union organizing drives, defended numerous arbitrations, discipline/contract interpretation
- Handles/responds to strikes, picketing situations
- Practice emphasizes all aspects of wage and hour law, including the representation of more than 200 clients before the United States and many state Departments of Labor on misclassification, white collar exemptions, independent contractor, working time, construction industry, Davis Bacon, prevailing wage cases and other issues
- Frequent guest speaker on wage hour and employment law issues and has appeared on local and national television programs commenting on these matters; wrote a weekly column on labor and employment issues titled "Making the Law Work"
- Advises clients on FMLA/ADA issues, defends/litigates FMLA and ADA cases in federal and state court
- Included in the list of New Jersey Super Lawyers in the field of labor and employment, 2013-2016; and in Super Lawyers business edition in the area of employment and labor law, 2013
- J.D. degree, Rutgers University School of Law; B.S. degree, Cornell University
- Can be contacted at 973-994-7554, [email protected] or Twitter® @njwagelaw
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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