By Nelson Cary and Amanda Kuehner on Posted in Employee Discipline,Negotiations,NLRBThis blog previously discussed the NLRB’s dismissal of virus-related charges. The NLRB General Counsel, however, recently released a new memorandum summarizing cases related to Covid-19 where the NLRB found the virus-related issues had merit and pursued litigation. Because the cases are still in active litigation, the memo merely summarizes the facts of the cases. It… Continue Reading
By Allen Kinzer on Posted in Employee Discipline,NLRBSome precedent at the NLRB may be changing, but some is not. Relying on a 40-year old case, the NLRB recently ruled that an Ohio manufacturer violated the NLRA when it suspended and discharged a non-union employee for complaining about working conditions. Meyer Tool, Inc., 366 N.L.R.B. No. 32 (March 9, 2018). The employer argued… Continue Reading
By Nelson Cary on Posted in Employee Discipline,NLRBIn a positive development for employers, the NLRB held last week that the termination of an employee for lying during an internal investigation into complaints of harassing/discriminatory conduct was lawful. Significantly, the decision occurred in a case that had been vacated as a result of Noel Canning. First, a quick review of the facts. The… Continue Reading
By Nelson Cary on Posted in NLRBBy Nelson Cary and Ashley Manfull Recent scrutiny of employee handbook policies by the NLRB (highlighted in prior posts on this blog) have left labor professionals grappling with what employee misconduct may be grounds for disciplinary action without running afoul of the NLRA. Labor professionals are appropriately concerned that discharges may be overturned if employment policies… Continue Reading
By Nelson Cary on Posted in NLRBA new page on the NLRB’s website went live today. According to the NLRB, the page "describes the rights of employees to act together for their mutual aid and protection, even if they are not in a union." The NLRB’s action is consistent with its push in the last couple of years to increase awareness of rights afforded under… Continue Reading
By Nelson Cary on Posted in NLRBEarlier this year, the Acting General Counsel met with the Practice and Procedure Committee of the American Bar Association’s Labor and Employment Law Section. He answered questions the Committee collected from practitioners around the country. He did this last year as well. Consistent with his practice, the AGC released last week a memorandum (pdf) that summarized… Continue Reading
