Just the namethe National Labor Relations Boardmay evoke images of backroom negotiations, cigar smoke circling overhead, fists banging on the table while arguing over wages, "no layoff clauses," or mandatory overtime. A relic of days gone by? Think again. In fact, some of your company’s most common and carefully crafted human resources policies may be in jeopardy as a result of recent decisions and initiatives from this agency.
Over the past year, the NLRB has demonstrated an interest in topics that extend well beyond its traditional bailiwick. The results of these efforts cannot be ignored by employers, even those that have no bargaining units and that operate in a business sector that rarely interacts with unions, the National Labor Relations Act, or the NLRB. Issues like confidential HR investigations, at-will statements in employee handbooks, mandatory arbitration programs, and social media policies must now be analyzed through the lens of labor laws, forcing employers to reconsider some well-entrenched and thoughtful policies due to concerns of violating employees’ rights to engage in "protected, concerted activity."
