Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: discrimination

Employers Take Note: Covid-19-Related Actions that Will Get the Attention of the NLRB

Posted in Employee Discipline, Negotiations, NLRB
This 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

A Series of Dismissals Occur in Virus-Related NLRB Charges Against Employers

Posted in Employee Discipline, Negotiations, NLRB
In a positive series of events for employers, the General Counsel’s Division of Advice called for the dismissal of five different coronavirus-related charges against employers.  The GC’s office sent memos to regional NLRB offices directing them to dismiss specific cases, all of which were labor disputes sparked by the pandemic.  All charges were either dismissed… Continue Reading

NLRB Affirms that Employers May Prohibit Employees from Discussing Ongoing Investigations

Posted in Employee Discipline
Hard to believe these days, but non-Covid-19-related developments do still pop up from time-to-time.  Last week, the NLRB gave us one on an issue the employer community has closely watched:  whether an employer can instruct employees to keep an open internal investigation confidential. The NLRB answered with a clear “yes” in Securitas Security Services USA.… Continue Reading

Judge Kavanaugh and the NLRA: A Sampling of Opinions

Posted in Courts
Last week, as I’m sure everyone has now heard, President Trump announced his pick for the U.S. Supreme Court.  For those of you who missed it, President Trump nominated Brett Kavanaugh, a judge on the D.C. Circuit Court of Appeals. Judge Kavanaugh has been involved in numerous decisions dealing with the NLRA.  Primarily, this is… Continue Reading

Unauthorized PTO Deductions from Striking Employees Unlawful, Says Division of Advice

Posted in Strikes
Deducting paid time off (“PTO”) from employees for time spent on strike without their permission violates the NLRA, according to a memorandum from the NLRB’s Division of Advice. The memorandum, authored in 2016, was released earlier this month. A company that operates ground handling and terminal services for several airlines in Philadelphia became embroiled in… Continue Reading

Employer Access Policy Lawful, But Unlawfully Applied

Posted in Employee Discipline, NLRB
A recent NLRB decision hit on two issues of potential interest to labor professionals. The first, covered in today’s post, involved an employer policy on off-duty employee access to the employer’s property. It is another good example of the NLRB’s relentless scrutiny of employer policies, although this time with a slightly more favorable outcome for… Continue Reading

NLRB Invites Briefs in Case with Potentially Significant Implications for Employer Solicitation and Distribution Policies

Posted in NLRB
Recently, the NLRB issued a notice inviting interested parties to file briefs on whether an employer violates the NLRA by denying union access to its property to distribute handbills while permitting other individuals, groups, or organizations to use its property for various fundraising or solicitation activities. The question arose from an unfair labor practice case… Continue Reading