I know there has been some threads before about the NLRA and whether an act by an employer is illegal because it is restricting an employees' "concerted activities."

I just read this article that I thought I would pass along.  It is pretty eye opening about the rights of the NLRA to trump other laws.

http://www.laborlawyers.com/showarticle.aspx?Ref=list&Type=1119&Cat=3386&Show=10269

What do you think about this?

...That was weird.  Let's try again (they've made some changes to the forum's functionality)

 

The NLRB is a political entity and it's rulings go back and forth based on who's been doing the appointing.  Take Weingarten rights, for example.  There are at least a few fundamental question

1. How far do NLRA protections extend to non-unionized employees
    This is at the heart of the Weingarten question.
2. What are the factors that should be considered in determining NLRA obligations when they run affoul of other federal obligations?
    This is at the heart of the issue raised in the article linked.

I'm hoping that we can get some relief from the Supremes on a few FMLA and NLRB issues in the next decade.

I'm new to the site so just going through former comments! It would appear that the NLRA is becoming a constitutional amendment of sorts, trumping all other laws.  It concerns me because it takes much away from the employers rights!

The one area that seems to be cropping up is employer's confidentiality statements indicating an employee cannot discuss salary, terms of employment, etc with others.  However, I beleive in a recent ruling it was determined that was a violation of the the NLRA.  What is an employer to do!?!  Thanks for sharing the article!

Right you are -- discussing pay is a "concerted activity" and cannot be prohibited . . .

NYGiants:

Right you are -- discussing pay is a "concerted activity" and cannot be prohibited . . .

...mostly.  Some employees are not covered by the NLRA (e.g., management employees) and others may have such prohibitions for business reasons (e.g., payroll staff discussing the pay of non-covered employees at least, and any other employees perhaps) that are defensible under NLRA.

I think it will be really interesting to see what happens in this area after the election. Will Weingarten rights be extended again? Will they pass the law allowing certification by card check and not a secret ballot?  The appointment of new NLRB members will certainly change the outcome of many cases. If you think it's tough on employers now, things could get tougher.

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Barbie