Most people detest conflict in the workplace. And when it
culminates or manifests via an employee outburst, it can drain
morale and even lead to legal headaches. These situations often
result in employee discipline, but a recent decision from
a federal court affirming a National Labor Relations Board (NLRB)
ruling illustrates landmines that employers — both union and
non-union — need to be mindful of when these types of
situations arise.
At issue in the case was a weapons instructor for a security
company. He was responsible for training workers in the use of
firearms among other devices, including at a firing range. The
employee had raised various workplace safety complaints. In one
instance, at the start of the COVID pandemic, he raised concerns
regarding a prohibition on certain protective equipment.