Alex What makes a termination lawful in the NLRB?
Instead, the NLRB focused only the termination. It concluded that the termination was lawful because: the employer had a legitimate business interest in investigating the conduct, namely the enforcement of its anti-harassment policy and compliance with anti-discrimination laws;
How often does the NLRB receive unfair labor practices charges?
The NLRB receives about 20,000 to 30,000 charges per year from employees, unions and employers covering a range of unfair labor practices described in Section 8 of the Act . Each charge is investigated by Board agents who gather evidence and may take affidavits from parties and witnesses.
Is it illegal for an employer to retaliate against an NLRB charge?
Board attorneys help gather and prepare materials, and keep the parties apprised of case developments. It is illegal for an employer or union to retaliate against employees for filing charges or participating in NLRB investigations or proceedings. Under its statute, the NLRB cannot assess penalties.
Is the NLRB decision on Noel Canning lawful?
In 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.
Board attorneys help gather and prepare materials, and keep the parties apprised of case developments. It is illegal for an employer or union to retaliate against employees for filing charges or participating in NLRB investigations or proceedings. Under its statute, the NLRB cannot assess penalties.
What can the NLRB do to an employer?
In the most serious cases, the NLRB may impose an injunction on the employer, requiring the employer to maintain conditions at the workplace until the NLRB has issued its decision on the case.
Why did the National Labor Relations Board find the discharge unlawful?
The Board found the discharge was unlawful because she had rightfully refused to violate federal labor law by punishing concerted activity. In a settlement, the supervisor and another former employee waived reinstatement in exchange for $900,000 in lost wages and benefits.
Who was fired under the National Labor Relations Act?
A licensed practical nurse was fired after she complained to her boss at a pharmaceutical research firm that other employees were receiving special treatment. The Board found the employer violated the National Labor Relations Act by firing the employee to prevent her from talking about her complaints of favoritism with co-workers.