NLRB ANNOUNCES VALERO SERVICES AGREES TO RESCIND UNLAWFUL SOCIAL MEDIA POLICY

FROM:  NATIONAL LABOR RELATIONS BOARD 
Valero Services agrees to rescind its nationwide social media policy
April 8, 2014

On April 7, 2014, Valero Services, Inc. agreed to rescind its nationwide social media policy and to post and mail a NLRB remedial notice to its employees throughout the country in response to a complaint filed by the National Labor Relations Board (NLRB). Valero Services provides employee leasing services to refineries and plants located throughout the United States, including a refinery located in Port Arthur, Texas.

The United Steelworkers of America filed an unfair labor practice charge with the NLRB Region 16, alleging that Valero Services social media policy interfered with employees’ rights to discuss their terms and conditions of employment on social media. Region 16 found merit to the allegations and issued complaint. During the hearing, Associate Chief Administrative Law Judge William N. Cates approved a settlement agreement resolving the dispute. Under the terms of the settlement, Valero Services agreed to notify employees that it will rescind its unlawful social media policy and to post NLRB notices at its 52 facilities nationwide, as well as to mail notices to employees, advising them that they will not be prohibited from using social media to discuss their terms and conditions of employment.

NLRB ISSUES COMPLAINT AGAINST WALMART REGARDING WORKER PROTESTERS

FROM:  NATIONAL LABOR RELATIONS BOARD 

Office of Public Affairs 202-273-1991 publicinfo@nlrb.gov www.nlrb.gov NLRB Office of the General Counsel Issues Complaint against Walmart January 15, 2014 The National Labor Relations Board (NLRB) Office of the General Counsel has issued a consolidated complaint against Walmart alleging that the company violated the rights of its employees as a result of activities surrounding employee protests in 14 states. The Office of the General Counsel informed Walmart that complaints were authorized in November of 2013, but withheld issuing the complaints to allow time for settlement discussions. The discussions have not been successful and a consolidated complaint has issued regarding some of the alleged violations of federal law. More than 60 Walmart supervisors and one corporate officer are named in the complaint. Cases were consolidated to avoid unnecessary costs or delay. Walmart must respond to the complaint by January 28, 2014. No hearing date has been set. The Office of General Counsel has authorized or issued complaints in other Walmart cases and additional charges remain under investigation.

The National Labor Relations Act guarantees the right of private sector employees to act together to try to improve their wages and working conditions with or without a union. The consolidated complaint involves more than 60 employees, 19 of whom were discharged allegedly as a result of their participation in activities protected by the National Labor Relations Act. The Office of the General Counsel alleges that Walmart violated the Act when: During two national television news broadcasts and in statements to employees at Walmart stores in California and Texas, Walmart unlawfully threatened employees with reprisal if they engaged in strikes and protests; At stores in California, Colorado, Florida, Illinois, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, North Carolina, Ohio, Texas and Washington, Walmart unlawfully threatened, disciplined, and/or terminated employees for having engaged in legally protected strikes and protests; At stores in California, Florida, Missouri and Texas, Walmart unlawfully threatened, surveilled, disciplined, and/or terminated employees in anticipation of or in response to employees’ other protected concerted activities. #

U.S. DC CIRCUIT COURT OF APPEALS BLOCKS REQUIRED POSTING OF EMPLOYEE RIGHTS

FROM:  NATIONAL LABOR RELATIONS BOARD
In light of conflicting decisions at the district court level, the DC Circuit Court of Appeals has temporarily enjoined the NLRB’s rule requiring the posting of employee rights, which had been scheduled to take effect on April 30, 2012.

In view of the DC Circuit's order, and in light of the strong interest in the uniform implementation and administration of agency rules, regional offices will not implement the rule pending the resolution of the issues before the court.

In March, the D.C. District Court found that the agency had the authority to issue the rule. The NLRB supports that decision, but plans to appeal a separate part that raised questions about enforcement mechanisms. The agency disagrees with and will appeal last week’s decision by the South Carolina District Court, which found the NLRB lacked authority to promulgate the rule.

Chairman Mark Gaston Pearce said of the recent decisions, “We continue to believe that requiring employers to post this notice is well within the Board’s authority, and that it provides a genuine service to employees who may not otherwise know their rights under our law.”