By Arthur Telegen.
Well I know there has not been an election yet. But talking about a Romney Board is a little boring. Just read Brian Hayes’ dissenting opinions. That’s what the Romney Board will do, when Romney gets around to having a Republican Board, which will not happen for a long time even if he is elected.
But where will the Board go if Obama wins? Its compass will point toward Section 1 of the NLRA, travelling as hard and as fast as the cases will permit. And if they do not permit, then there are Regulations and General Counsel memos. The Board’s ascendant majority believes that the Congressional purpose of the NLRA is to vigorously promote union representation of employees and to promote the collective bargaining of all terms and conditions of employment in the work place. (Actually, Section 1 pretty much says this.) This explains the Board’s almost obsessional effort to turn every employee handbook into an advertisement for union representation. So yes, you can have a social media policy, and yes, you can protect confidential information, and yes, you can try to maintain a semblance of confidentiality for sexual harassment investigations, but only if you include an explanation of Section 7 rights in your handbook that reads like the NLRA rights posters that are printed up but not hung. It explains “splinter” bargaining units, because even if impractical, and even if disruptive, some employees will get the benefit of collective bargaining and that is the greatest good even if not for the greatest number.
So these folks are both principled and imaginative. They will continue to focus on the non-unionized work force. It is why employment at will and unilaterally imposed dispute resolution poolicies are in the Board’s sights. For every case, ask which result will promote representation and collective action. That’s the result you will get.
Or you could have a very boring Romney Board.