by Frank Rox
The National Labor Relations Board (NLRB) continues to amaze (but not surprise) us with its “anything goes” acquiescence to inappropriate workplace behavior. Recently, in Care One at Madison Ave., LLC (Dec. 2014), the Board ruled that an employer violated employees’ rights by posting its workplace violence policy and a memo a few days after a union election, which the company won 58-57. The memo said, “Now that the NLRB election is behind us, I was hoping that everyone would put their differences behind them and pull together as a united team.” The memo further stated that “threats, intimidation, and harassment” could lead to discipline or discharge.
The employer’s workplace violence policy was in place before the union election. However, in holding that the employer’s actions of posting the policy and memo violated the National Labor Relations Act (NLRA), the Board said that workplace behavior did not result in a need to post the policy. Therefore, according to the NLRB, the only reason to post the policy was to respond to employees’ protected activity in trying to unionize. The Board also stated that the memo asking employees to treat each other “with dignity and respect” expanded the scope of the policy and was a direct response to the union activity.
If you have concerns regarding workplace violence, err on the side of taking action to prevent it. If issues arise from your actions, it’s better to defend a challenge than risk workplace violence.
Frank Rox served as a Senior Trial Attorney with the National Labor Relations Board for more than 30 years. He is now an attorney with Lehr Middlebrooks Vreeland & Thompson, P.C. He may be contacted at frox@lehrmiddlebrooks.com.
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