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Our firm’s latest “Advisory” just went out this afternoon explaining the D.C. Circuit Court of Appeals‘ ruling from last Friday that President Obama’s “recess” appointments to the National Labor Relations Board were unconstitutional, and therefore the Board was without the required quorum to act in a case from last year in which it found a soda-bottling company had committed an unfair labor practice.

This case involves a fascinating legal issue of the interpretation of the U.S. Constitution and the separation of powers between the Legislative and Executive branches (at least for those who find such things fascinating).  This decision is also good news for a particular soda-bottling company that challenged the NLRB’s decision.

When you are conducting a workplace investigation, do you instruct employees interviewed not to discuss the investigation with other employees?  You probably do.  It protects the fairness, integrity and truth-gathering function of the investigation.  It allows you to do the best possible investigation.

Did you know, however, that giving that instruction to employees — to not discuss the investigation with co-workers — may be illegal?  The National Labor Relations Board (NLRB) recently said it is.  Read on for their explanation and what you can do about it.

Our Troutman Sanders LLP Labor & Employment Group just sent out an Advisory on the NLRB’s Union Rights Poster Rule.  In a nutshell, the Rule — which requires employers to put up posters informing employees of their rights under the National Labor Relations Act — was supposed to go into effect on April 30, 2012.  However, a federal district court last week found the rule to be invalid.

With baseball season underway, minds have turned to “America’s Pastime.”  Major League Baseball, like every employer should, has issued a social media policy.  A quick review raises questions about whether portions of the policy will “strike out” if reviewed by the National Labor Relations Board (NLRB), which has been very active in reviewing employer policies and actions relating to social media use by employees. The NLRB is concerned by social media policies it views as unfairly restricting employees — including those not even working in a unionized workplace — from engaging in “protected concerted activity” as defined by Section 7 of the National Labor Relations Act (NLRA).  Simply put, restricting employees from freely discussing their “conditions of work” is considered a violation of Section 7.

So, will Major League Baseball’s social media policy be “safe” at home?  Let’s play umpire…

There are plenty of HR professionals who do not deal with a unionized workforce.  Certainly some of them have an understandable tendency to gloss over matters concerning the National Labor Relations Board and similar topics.  The current NLRB (with three recent appointees of President Obama) wants you to pay attention to them, and is taking steps to make themselves and potential unionization issues relevant to every workforce.

Below is an Advisory that was issued this afternoon by Troutman Sanders’ Labor & Employment Group that shows how the NLRB intends to exert its influence onto every employer.  All HR professionals need to stay alert, pay attention, and tune in to these issues, even (and perhaps especially) if you do not have unionized employees.