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NLRB rules: Unions may try to organize employees in nonwork areas

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in Employment Law,Human Resources

In December 2017, the National Labor Relations Board handed down a decision that changed the test for determining whether employers have engaged in unfair labor practices. The new test attempts to balance the right of employees to engage in “concerted activity” to improve their working conditions (such as attempting to unionize) and the rights of the employer to control the workplace and enforce corresponding workplace rules.

In its decision—Boeing Company and Society of Professional Engineering Employees—the NLRB concluded that an employer’s “no camera” rule was a legitimate exercise of management rights to prevent unauthorized recording and access to classified materials in the workplace. It said the right to prevent classified information from leaking outweighed the right of workers to document poor working conditions.

Now, the NLRB has ruled in a Pennsylvania case, using the new balancing test for the fir...(register to read more)

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