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Policy and Legal

Policy and Legal

NLRB Overturns 40-Year Precedent

By 17吃瓜在线 News Room

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).

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).

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