By Nelson Cary and Amanda Miggo 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 on Posted in Employee DisciplineEmployees probably just lost the ability to tell their boss to f*** off. When considering an employee’s protected activity, the NLRB recently changed its tune on how it analyzes employer discipline—and an employee engaging in abusive conduct does not have the same protections the employee once did. The NLRB announced this change of tune in… 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,NLRBEmployers firing employees for the content of their social media posts continue to do so at their own risk. An NLRB decision from last week provides a good reminder of this important point. An ambulance company, in two unrelated events, fired two employees for what they posted to Facebook. The first employee, in response to… 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 and Ashley Manfull on Posted in NLRBWhen employees take to Facebook with profanity-laced exchanges about their employer and job duties, odds are they will get fired. When the same employees go to the NLRB for protection under the NLRA, they cannot count on a receptive audience all the time. This much is demonstrated in an NLRB decision released last week. In… Continue Reading
