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U.S. Labour Board’s attempt to balance workers labour rights with businesses ability to adopt reasonable rules!


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U.S. Labour Board’s attempt to balance workers labour rights with businesses ability to adopt reasonable rules!


The agency that enforces U.S. labour laws on Wednesday made it more difficult for businesses to defend workplace rules that could interfere with employees’ rights to join unions, as part of a case involving waste disposal company Stericycle.


U.S. Labour Board’s attempt to balance workers – Role of U.S. Labour Law – a remedial arm for justifying equality in bargaining power

The rights and duties for employees, labour unions, and employers are set by labour law in the United States. Labour law’s basic aim is to remedy the “inequality of bargaining power” between employees and employers, especially employers “organized in the corporate or other forms of ownership association

U.S. NLRB says ………. You have the right to organize a union to negotiate with your employer over your terms and conditions of employment. This includes your right to distribute union literature, wear union buttons, t-shirts, or other insignia (except in unusual “special circumstances”), solicit co-workers to sign union authorization cards, and discuss the union with co-workers. Supervisors and managers cannot spy on you (or make it appear that they are doing so), coercively question you, threaten you or bribe you regarding your union activity or the union activities of your co-workers. You can’t be fired, disciplined, demoted, or penalized in any way for engaging in these activities.


U.S. Labour Board’s attempt to balance workers – U.S. Labour Law Agency dons the hat of an enforcer

The Democrat-led National Labour Relations Board’s 3-1 decision could provide a boost to unions amid an uptick in labour organizing that includes high-profile campaigns among employees of Starbucks Corp, Amazon.com Inc., Apple Inc. and other large companies.

Routine work rules like those banning disparagement, solicitation or inappropriate social media posts are illegal if a worker could reasonably construe them as prohibiting protected activity such as discussing working conditions or distributing union literature, the NLRB said.


The board overturned a 2017 ruling by appointees of Republican Former President Donald Trump that said workplace policies were valid as long as they were adopted for legitimate business reasons.


Statement of NLRB’s

NLRB Chair Lauren McFerran in a statement said the Trump-era decision, which involved Boeing Co, did not give enough consideration to the chilling effect that workplace policies can have on workers’ labour rights.

“Under the new standard, the Board will carefully consider both the potential impact of work rules on employees and the interests that employers articulate in support of their rules,” said McFerran, an appointee of Democratic President Joe Biden.

Wednesday’s ruling stems from a union’s challenge to Stericycle Inc.’s policies barring worker conduct that could harm the company’s reputation or create conflicts of interest.

The board’s Democratic majority said employers can rebut the presumption that a rule is unlawful by proving to the NLRB that it “advances a legitimate and substantial interest” that cannot be addressed with a narrower policy.

NLRB Member Marvin Kaplan, a Trump appointee, in a dissenting opinion said that standard will be virtually impossible for many employers to meet. He added that his colleagues had failed to balance workers’ labour rights with businesses’ ability to adopt reasonable rules.


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Collated and Compiled by the internal staff of Karma Global with the knowledge and expertise that they possess, besides adaptation, illustration, derivation, transformation, collection and auto generation for its monthly newsletter Issue 15 of September   2023 and in case of specific or general information or compliance updates for that matter, kindly reach out to the Marketing Team – Kush@karmamgmt.com / yashika@karmamgmt.com

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