Something restaurants need to be aware of: The National Labor Relations Board is now complete!
Why is that important? For the last decade, the National Labor Relations Board (NLRB) has not had a full panel and therefore called into question the legitimacy of its decisions. Remember the posters we thought that we were going to have to post in the restaurants that outlined the rights of our employees according to the NLRB? We ended up not having to post those posters because, among other reasons, it was ruled by a Federal Court that the posting rule and directive to literally every employer in the US could not be supported given the criteria for a quorum of Board Members before such decisions can become law. The National Labor Relations Act requires a quorum of not less than 3 Board members to make decisions legal. As of the second week of August 2013, they have a complete board.
Some of the restaurant practices that they may look into are:
• Employers’ responses to employees’ Facebook postings that are negative against the restaurant.
• Actions by employers against employees who choose to take photos or videos in the restaurants.
• Actions taken against an employee for complaining to others about wages or working conditions.
• Challenges by the employer on the employees’ right to organize.
• And lastly (again!) another poster to consider putting up in the restaurants.
For some interesting reading on the scope and focus of the National Labor Relations Act, see this link.
Our goal is inform companies of the practices/rules that are most practical for any operation, including restaurants. We will continue to keep you informed.