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A sign of change: New NLRB majority says pro-union ‘bannering’ against employers is legal

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in Employment Law,Human Resources

Forecasts of a shift in the rulings at the National Labor Relations Board (NLRB) are starting to come true. The new Democrat-controlled NLRB issued its first major pro-labor ruling on Sept. 2.

In a trio of cases, it said that “bannering” by a union—holding a large banner near a neutral business urging the public to boycott the company because of the union’s dispute with a primary employer—does not violate the National Labor Relations Act. (Eliason & Knuth of Arizona, Inc., Northwest Medical Center, and RA Tempe Corp.)

“We expect this decision to embolden unions to push the envelope in their use of pressure tactics against neutral as well as primary employers,” says employment law firm Jackson Lewis. “This is likely to be the first of many decisions the current labor board will issue to expand the rights of employees and unions in their relation to employers.”

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