National Labor Relations Board member Kent Hirozawa was the Featured Speaker at HEC's 72nd Annual Meeting last week.  Mr. Hirozawa was nominated to the NLRB by President Obama on July 16, 2013 and confirmed by the Senate on July 30, 2013, for a term that expires on August 27, 2016.  Prior to his appointment to the Board, Mr. Hirozawa served as chief counsel to NLRB Chairman Mark Gaston Pearce, worked in private practice at a New York City law firm, and served as a field attorney in Region 2 of the Board.

 

In a talk entitled "The Changing National Labor Relations Board:  Why All Employers Should care," Mr. Hirozawa explained that while the National Labor Relations Act and the Board's structure have not undergone significant change in recent years, changes in business the economy have influenced the Board's focus.  Specifically, where union activity has declined, the NLRB's docket focus has moved to matters involving employees' right to engage in protected and concerted activity under Section 7 of the Act.  Such focus applies in both union and non-union work environments.

 

Mr. Hirozawa highlighted several areas where the Board has been active in recent years, including handbook rules and arbitration agreements with employees.  Recognizing that it is often hard to find the right balance between the rights of employees under the Act and the reasonableness of the employer's methods of running operations, Mr. Hirozawa noted that the NLRB General Counsel issued a memorandum in March of 2015 to assist employers by analyzing the Board's position on the legality of various handbook policies.

 

Mr. Hirozawa's talk was an important reminder of the need to understand how the National Labor Relations Act applies to your organization.  It also highlighted the need to periodically review and update handbook policies and arbitration agreements to ensure compliance with the Act.