Category Archives: The NLRA and Non-Union Employees

The NLRA Does Not Prohibit Class-Action Waivers in Employment Arbitration Agreements: The Fifth Circuit’s D.R. Horton Decision

The Fifth Circuit issued its long-awaited decision in D.R. Horton, Inc. v. NLRB, No. 12-60031 (5th Cir. Dec. 3, 2013). In its D.R. Horton decision, the NLRB had held that section 7 of the NLRA prohibited class-action waivers in mandatory arbitration agreements imposed by employers, because such waivers impeded the right of employees to engage… Read More »

The NLRB Finds Another Facebook-Related Violation: The Bettie Page Decision

The NLRB once again considered the application of section 7 of the National Labor Relations Act in the non-union context when it decided Design Technology Group, LLC d/b/a Bettie Page Clothing on April 19, 2012.  This case follows the Board’s prior decision in Hispanics United, which applied section 7 to employee comments on Facebook. The… Read More »

The NLRB’s Facebook Decision: What Is Protected and What Is Not?

The impact of social media on the rights of employees has been a hotly debated subject for several years.  The NLRB raised the stakes with its recent decision in Hispanics United of Buffalo, Inc., No. 03–CA–027872 (Dec. 14, 2012).  This case has been widely discussed in the media, yet the the actual implications of the… Read More »

NLRB: A Houston Employer Violated the NLRA by Firing a Non-Union Employee for Discussing Salary Information with Other Employees

A recent NLRB case provides an excellent illustration of the potential effect of section 7 of the NLRA in a non-union environment.  The employer, Jones & Carter, Inc., is a Houston engineering firm.  Lynda Teare, who was a training coordinator, discussed salary information with two other employees.  She was then terminated.  She filed a charge… Read More »

The National Labor Relations Act Can Protect Non-Unionized Employees

The National Labor Relations Act is best known for regulating unions, strikes, and collective bargaining.  It is administered by the National Labor Relations Board.  Given that relatively few Texas employees belong to unions, the NLRA receives little attention from most Texas employment lawyers. However, the NLRA is not limited to members of unions.  Section 7… Read More »