Policy and Legal
NLRB Overturns 40-Year Precedent
When employers tell workers that unionizing would harm employee鈥搈anager relationships, they might be violating federal law, the National Labor Relations Board ruled last week (, subscription).
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What鈥檚 going on: 鈥淭elling workers that a union would come between them and their bosses may violate the National Labor Relations Act because it鈥檚 an effective threat to end workers鈥 direct relationships with management, a majority comprising the board鈥檚 three Democrats said [last] Friday in a case involving Starbucks.鈥
- The groundbreaking decision overturns nearly four decades of precedent. In its 1985 Tri-Cast ruling, the NLRB allowed employers to tell employees that unionization would strain worker鈥搈anager relationships 鈥渟o long as they didn鈥檛 explicitly or implicitly threaten employees鈥 when doing so ().
- The NLRB said such cases will now be decided on a case-by-case basis.
Looking ahead: The ruling will only apply to future cases, however, 鈥渁llowing past communications under the Tri-Cast standard to stand without retroactive penalties鈥 (JD Supra).