Recently, adjunct professors at Elon University and Ithaca College won victories before the NLRB and an American Arbitration Association arbitrator, respectively, that further bolster the position that adjunct, or contingent, faculty members are “employees” as defined by the NLRA. Moreover, it also suggests that there will likely be a surge
concerted activity
NLRB: Employer’s Good-Faith Belief in Employee’s Misconduct Insufficient to Justify Terminating Employee Engaged in Protected Activity
As we have often discussed, there is a fine line between protected and unprotected activity. Profane outbursts, deliberate misconduct, or highly-disruptive strikes may fall outside the protection of the NLRA, subjecting employees to lawful disciplinary action by their employers.
On December 7, 2020, the Board reaffirmed its prior…
NLRB Division of Advice Releases Deluge of Advice Memoranda Discussing COVID-Related ULP Charges, Confidentiality Rules, Information Requests, and Other Topics
On July 15, 2020, the National Labor Relations Board’s (“NLRB”) Division of Advice published 16 Advice Memoranda addressing myriad questions posed by various Regional Offices.
While a majority of the Memoranda were drafted within the past month, a few were originally issued months or years ago. Advice is the agency’s…
Employee’s Complaint About Low Tippers Not Protected Concerted Activity, NLRB Majority Rules
The right of employees to band together for purposes of bringing grievances to their employer is at the very core of the National Labor Relations Act, as embodied in Section 7. This right is called protected concerted activity. In order to determine whether an employee is, in fact, engaged in…
Old Fashioned Protected Concerted Activity Stirred Up With A Twist
A recent NLRB ALJ decision illustrates the old and the new under the National Labor Relations Act (“Act”). The case is Gates & Sons Barbeque of Missouri, Inc. and Workers’ Organizing Committee, Kansas City, No. 14-CA-110229 (June 17, 2014).
In this case, the employer operated a successful chain…
Employer Merely Granted Employee’s Wish To Be Terminated, NLRB Div. Of Advice Rules
Social media permeates society. It was inevitable that the increased use of smart phones and various communications platforms such as Facebook and Twitter would clash with the workplace. We have noted several instances where the NLRB has alleged that employer action in response to social media posts is unlawful, as…
NLRB Division, Some “At-Will” Clauses Ok
The Board’s excruciatingly close scrutiny of employer policies continues as the agency looks for opportunities to expand its juridiction by rooting out all evil lurking in handbooks and other written employment policies. The NLRB has taken the position that certain “at-will” language in handbooks, language that in various forms exists…