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NLRB Law Memo 07/26/2008
by Ross Runkel at LawMemo
NLRB Law Memo 07/26/2008
by LawMemo - First in Employment Law.
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NLRB - General Counsel Memorandum on ULPs involving political activity.
Guideline Memorandum Concerning Unfair Labor Practice Charges Involving Political Advocacy (07/22/2008)
http://www.lawmemo.com/nlrb/gc08-10.pdf
Part I of the memorandum examines the Board jurisprudence determining when employee political advocacy falls within the "mutual aid or protection" clause of Section 7. The Board's test is whether there is a direct nexus between employment-related concerns and the specific issues that are the subject of the advocacy. To illustrate how this test should be applied, the memorandum examines recent advocacy regarding immigration law reforms. Part II contains a discussion of whether, assuming that the object of the political advocacy at issue is within the "mutual aid or protection" clause, that advocacy is protected because of the specific means employed. The memorandum reviews the various activities in which employees might typically engage and consider when the employees' activity is protected. Part III contains instructions for processing charges involving political advocacy. Regions will submit all such cases to the Division of Advice with a recommendation as to whether a complaint is warranted under the analytical framework and discussion set forth in this memorandum.
NLRB - Staff summarized 1 decision.
Magic Beans, LLC (1-RC-22148; 352 NLRB No. 107) Brighton, MA July 18, 2008.
http://www.nlrb.gov/shared_files/Board%20Decisions/352/v352107.htm
The Board reversed the hearing officer's findings and found that the Employer's objection, effectively a post-election challenge, to Robert Collum's eligibility was not properly before the Board under the standard set forth in NLRB v. A.J. Tower Co., 329 U.S. 324, 333 (1946). The Board found that the Petitioner (Teamsters Local 25) was not on notice, prior to the election, that Collum may have been ineligible to vote. Therefore, the Board overruled the Employer's objection and issued the appropriate certification of representative.
(Chairman Schaumber and Member Liebman participated.)
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
