Employer Unlawfully Disciplined Union Supporter under its Harassment Policy: NLRB | Practical Law

Employer Unlawfully Disciplined Union Supporter under its Harassment Policy: NLRB | Practical Law

In Arkema, Inc., the National Labor Relations Board (NLRB) ruled that the employer violated the National Labor Relations Act (NLRA) by disciplining a union supporting employee who made a perceived threat but did not violate the express terms of the employer's harassment policy, while urging a fellow employee to support the union during an upcoming decertification election. The NLRB also held that the employer unlawfully issued a letter prohibiting harassment in the wake of the union supporters actions. The NLRB set aside the results of the election because these violations occurred in the critical period between the petition for the election and the election.

Employer Unlawfully Disciplined Union Supporter under its Harassment Policy: NLRB

Practical Law Legal Update 1-510-7528 (Approx. 6 pages)

Employer Unlawfully Disciplined Union Supporter under its Harassment Policy: NLRB

by PLC Labor & Employment
Published on 08 Nov 2011USA (National/Federal)
In Arkema, Inc., the National Labor Relations Board (NLRB) ruled that the employer violated the National Labor Relations Act (NLRA) by disciplining a union supporting employee who made a perceived threat but did not violate the express terms of the employer's harassment policy, while urging a fellow employee to support the union during an upcoming decertification election. The NLRB also held that the employer unlawfully issued a letter prohibiting harassment in the wake of the union supporters actions. The NLRB set aside the results of the election because these violations occurred in the critical period between the petition for the election and the election.