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    The impact of key decisions of the National Labor Relations Board upon company policies and practices, even in the non-unionized workplace

    Date: June 15, 2016, 6:00pm – 8:30pm
    Ola Abiola
    Smokey Glen Farm, 16407 Riffleford Road, Gaithersburg, Maryland 20878
    Free for MCSHRM Members; $45.00 non-MCSHRM Members; $60.00 Walk-ins
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    An HR professional recently noted that he had stopped considering a particular job opportunity because of the potential that a union would eventually be elected to represent employees at the work site in question.  Right or wrong, his rationale was that serving as an HR professional would be significantly more complicated (and presumably stressful) if he had to deal with a unionized workforce. 

    Putting aside any judgment as whether this person’s motivation was appropriate, it was not correct from a legal perspective.  Indeed, due to several recent decisions from the National Labor Relations Board, the lines separating the unionized versus non-unionized workplace are increasingly blurred, and HR professionals must carefully consider the impact of key decisions from the Board upon company policies and practices, even in the non-unionized workplace.

    Issues impacted by such decisions include the following:

    • The expanded potential for one company to be deemed a “joint employer” in relation to the employees of another company at the same worksite, even when at least one of those companies may not have a union.
    • The increasing difficulties of enforcing arbitration agreements which contain class action waivers due to enhanced enforcement activity on the issue by the Board.
    • The Board’s expansion of the concept of “protected, concerted activity” and its practical impact upon company policies.  Examples of issues which are impacted by the Board’s decisions on this issue include whether an employer can prohibit employees from making recordings in the workplace (to include during a meeting with supervisors or HR); the propriety of instructing employees to maintain confidentiality concerning and during workplace investigations; he limitations upon employers’ policies prohibiting external discussions (and criticisms) about the company and its personnel by employees, to include through social media; and the enhanced risks of taking disciplinary action against an employee for insubordination and even physical aggression towards a supervisor during a meeting.

    Join us at the June Dinner meeting to learn more!

    Approved for 1.5 HRCI recertification credits and eligible for 1.5 SHRM PDC's.

    About the Speaker

    John B. Flood is an experienced, first-chair litigator with more than 35 jury trials.

    Mr. Flood practices in the areas of employment law and labor law. Mr. Flood represents clients in the full spectrum of employment litigation matters in federal and state courts at the trial and appellate levels, in labor arbitrations, and against claims of retaliation before the Mine Safety and Health Administration. Mr. Flood represents clients in a wide variety of industries, including retail, hospitality, defense and government contracting, and mining.

    Mr. Flood gained extensive litigation experience while serving for twelve years in the Air Force Judge Advocate General’s Corps. Mr. Flood prosecuted and defended over 60 criminal cases before military judges and juries, and worked in two different positions for the Air Force as a labor and employment lawyer. Mr. Flood resigned from the Air Force, receiving an honorable discharge in 2005 at the rank of Major, to enter a full-time private law practice with Ogletree Deakins.