On August 28, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued its decision in Intertape Polymer Corp., 372 NLRB No. 133 (2023) clarifying the standard by which the General Counsel satisfies her initial...more
In another pro-employee decision, the National Labor Relations Board (NLRB) has held that the familiar Wright Line standard no longer governs cases involving employees disciplined for engaging in offensive or abusive conduct...more
On Monday, the National Labor Relations Board (“Board”) issued a decision making it riskier and more complicated for employers to discipline employees for abusive workplace conduct alleged to have arisen within the context of...more
On May 1, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision that makes it more difficult for employers to discipline or discharge employees for their offensive or abusive conduct while engaged...more
Noting the employer did not have an employee code of conduct policy prohibiting the use of derogatory language, the National Labor Relations Board (NLRB) held an automotive dealership violated the National Labor Relations Act...more
On July 6, 2022, the National Labor Relations Board published its decision in Southwest Regional Council of Carpenters, 371 NLRB No. 112, adopting the administrative law judge’s (ALJ) decision that a carpenters’ union did not...more
When an employee is disciplined and then claims the employer acted on account of union animus in violation of Section 8(a)(3) of the Act, evidence to support such a claim either can be proffered through direct evidence, such...more
As most employers have discovered, Section 7 of the National Labor Relations Act protects employees who engage in “concerted activities for the purpose of collective bargaining,” and it is unlawful for employers to interfere...more
Your employee has just cursed at you, calling you every racist and/or sexist name in the book. Naturally, that employee must go! Just as you are ready to sign off on the termination, a thought occurs to you: “Uh-oh. He was...more
Last September, we anticipated a change in National Labor Relations Board (Board) policy regarding the evidentiary standard for resolving unfair labor practice charges related to employer discipline of employee abusive...more