by Elizabeth Milito
Federalist Society
August 04, 2014
The National Labor Relations Board (NLRB) was conceived of as an independent federal agency charged with conducting union elections and investigating and remedying unfair labor practices. Over the last few years, however, the NLRB has expansively reinterpreted its mandate, interfering now in employer policies, practices, and actions that were not once its concern. For instance, the Board has undertaken new initiatives to “educate” the 93% of workers not in unions on their rights to organize, and has all but prohibited employees from being fired for anything they say online – no matter how egregious. Employers should be alert for additional “labor-friendly” initiatives. The NLRB’s expansion of the law affects all employers, whether their employees are represented by a union or not. But many recent decisions by the Board will be more likely to affect non-union employers.

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