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 Nelson Cary and Amanda Kuehner on Posted in Employee Discipline,Negotiations,NLRBIn 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
By Nelson Cary on Posted in UnionsDuring labor negotiations, an employer is obligated to provide certain information to the union. When that information implicates the employer’s financial performance, some employers are reluctant to disclose the information. A recent decision from the United States Court of Appeals for the Second Circuit helps define when an employer must provide that information, and does so in… Continue Reading
By Nelson Cary on Posted in NLRBWhen employers investigate workplace misconduct, they often interview employees. Indeed, some investigations begin because of information provided by an employee. To help document its investigation, the employer will sometimes ask employees to provide written statements about the misconduct of other employees, and the employer might promise confidentiality of those statements. It is unfortunate, but also true, that employees… Continue Reading
