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Category Archives: NLRB

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The SEC Joins the NLRB and EEOC in the Assault on Employee Confidentiality Agreements and Policies in Workplace Investigations

Posted in Labor & Employment, NLRB

On April 1, 2015, the United States Securities and Exchange Commission (SEC) announced its first settlement of a whistleblower enforcement action against a company for using confidentiality agreements to stifle the whistleblower process.  The SEC charged Houston-based global technology and engineering firm, KBR Inc., with violating Rule 21F-17, which prohibits any person from taking “any… Continue Reading

Change in Rules Related to Employee Communications and Use of Employer’s E-mail

Posted in NLRB

Since its 2007 Register Guard decision, the National Labor Relations Board (“NLRB”) has taken the position that employees have no statutory right to use company email for Section 7 purposes (e.g., email communications regarding union organizing or other protected concerted activity). In Purple Communications, Inc., the NLRB reversed its prior decision, holding that “employee use… Continue Reading

NLRB’s Decision Allowing Northwestern University Football Players to Unionize May Have Significant, and Perhaps Unintended, Consequences

Posted in NLRB

On March 26, 2014, Region 13 of the National Labor Relations Board (Chicago) held that Northwestern University football players are employees of the university and have the right to unionize.  Relying on the broad common law definition of “employee,” the NLRB ruled that football players that receive scholarships are employees because of the university’s right… Continue Reading