2004-24

Distribution by the Union of an Altered Sample Ballot has led the National Labor Relations Board to Overturn a Union Election Victory.

The NLRB has found that a union, through the distribution of an altered sample election ballot, misled voter employees into believing that the NLRB favored the union in the election. The Board invalidated the previous election and ordered that a new election must take place.

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NLRB Declines to Infer Violations from Facially Neutral Work Rules.

The National Labor Relations Board held that it was not a violation of the National Labor Relations Act for an employer to maintain work rules prohibiting "abusive and profane language," "verbal, mental and physical abuse," and "harassment…in any way". The union argued that such rules are unlawful because they prohibit employees from engaging in conduct otherwise protected by the federal labor law, but the NLRB disagreed.

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Public Employer Properly Fired a Police Officer who was Selling Explicit Videos of Himself over the Internet.

A police officer who was terminated for selling sexually explicit videos of himself was not commenting on an issue of "public concern" and was not taking part in speech protected by the First Amendment.

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