The National Labor Relations Board (NLRB) is at it again – “it” being extending the scope of the National Labor Relations Act (NLRA).
A recent NLRB decision has expanded the protections of the NLRA, making it so employers can’t “nip it in the bud,” or fire an employee to prevent him or her from engaging in protected activity.
Yes, now you can find yourself in violation of the NLRA for firing an employee who has not yet taken part in a protected concerted activity.
In the protection-expanding case, it was obvious to the NLRB that the termination was a “pre-emptive strike” because, prior to termination, management had asked the employee if she had discussed her grievance – a wage-related matter – with any of her co-workers.
Essentially, a new type of unfair labor practice has been created – the “pre-emptive strike.”
To learn more about the case, read “NLRB Finds ‘Preemptive Strike’ Discharge Illegal” by our partners at Ford & Harrison LLP.