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Employers investigating unfair labor practice claims can breathe a little easier, as the National Labor Relations Board (NLRB or the Board) upheld the longstanding Johnnie’s Poultry. ....
Last week was a busy one for the National Labor Relations Board (NLRB). The agency came out with four significant decisions that either expanded or protected employee rights on issues. ....
NLRB Decision To Reconsider Johnnie's Poultry Doctrine Remains Pending | Husch Blackwell LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
Background: Johnnie’s Poultry Co, 146 NLRB 770 (1964), enf. denied 344 F.2d 617 (8th Cir. 1965), is a 1965 NLRB case decision which set down procedural safeguards employers must follow when interviewing employees to prepare the company’s defense to an unfair labor practice (ULP) charge. In the current Sunbelt Rentals case, an NLRB Administrative Law Judge ruled that Sunbelt had violated Section 8(a)(1) of the National Relations Act when its attorney interviewed two employees in the course of preparing its defense to an ULP charge without fully complying with the safeguards Johnnie’s Poultry had set out. Last Monday, a majority of the Board (Members Kaplan (R), Emanuel (R), and Ring (R) voted to seek briefs (and the lone Democrat on the NLRB, Chairman McFerran, dissented) on the following questions: ....
To embed, copy and paste the code into your website or blog: On Monday, the Board voted 3-1 to solicit public briefing on whether it should overrule the Johnnie’s Poultry Co., 146 NLRB 770 (1964) safeguards employees must receive if they are questioned by employers about their own or another employees’ potentially protected concerted activity. Those safeguards include requiring the following: The employer must communicate to the employee the purpose of the questioning, assure the employee that no reprisal will take place, and obtain the employee’s participation voluntarily; The questioning must occur in a context free from employer hostility to union organization and must not be itself coercive in nature; and ....