Postal Worker Who Took Knee Lacks Job Retaliation, Bias Claims

Posted on August 30, 2020August 30, 2020 by 21cpw

By Patrick Dorrian – August 28, 2020 Taking knee in protest protected activity under Title VII But arguing with boss, not kneeling spurred unpaid leave A Black mail handler failed to establish he was placed on leave without pay for protesting his boss’s alleged racial mistreatment by taking a knee during a staff meeting, the…

New NLRB Policy: Offensive and Abusive Speech is No Longer Protected Activity

Posted on July 30, 2020July 30, 2020 by 21cpw

July 21, 2020 Washington D.C. – In a decision issued today in General Motors LLC, 14-CA-197985 369 NLRB No. 127 (2020), the National Labor Relations Board modified the standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements—including profane, racist, and sexually unacceptable remarks—in the course of activity…

Two Recent NLRB Decisions of Note

Posted on June 20, 2019June 20, 2019 by 21cpw

Local 307, National Postal Mailhandlers Union (NPMHU) (07-CB-218938; 367 NLRB No. 144) Detroit, MI, June 4, 2019. The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the complaint. Finding no merit in the Respondent’s assertion that it was not properly served with the complaint,…

USPS Warning Over ‘Outburst’ Flouted Labor Law, NLRB Says

Posted on August 3, 2016August 4, 2016 by 21cpw

By Matthew Bultman Law360, New York (August 1, 2016, 5:33 PM ET) — The U.S. Postal Service engaged in an unfair labor practice when it issued a written warning to a worker and union steward who berated a supervisor during a 2012 meeting over employee grievances, the National Labor Relations Board said Friday. Partially overturning…

NLRB Says Employers Cannot Stop Employees From Recording Conversations In Meetings

Posted on March 5, 2016March 5, 2016 by 21cpw

By Robert McTiernan – March 2, 2016 On December 24, 2015, employees who want to make video and audio recordings of co-workers and company meetings received a holiday gift. In Whole Foods Inc. and United Food and Commercial Workers, Local 919, the National Labor Relations Board (NLRB) determined that a blanket company policy prohibiting use…

Employment Law: Even a Selfie Can Be Protected by the NLRA

Posted on July 14, 2015July 14, 2015 by 21cpw

Why it matters A worker who violated her employer’s no cellphone use and disloyalty policies by taking selfies with coworkers that were posted online with a comment that she was “working like an [sic] slave” was terminated in violation of the National Labor Relations Act (NLRA), an administrative law judge recently determined. The Tinley Park…