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ARTICLE · 26 MARCH 2020

NLRA Considerations During COVID-19 Pandemic

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As if employers and their HR personnel do not have enough to deal with, all must be mindful of the protections and prohibitions found under the National Labor Relations Act when addressing the many employment-related issues.

United StatesEmployment and HR
Timothy W. Lindsay
Timothy W. Lindsay
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As if employers and their HR personnel do not have enough to deal with, all must be mindful of the protections and prohibitions found under the National Labor Relations Act ("NLRA") when addressing the many employment-related issues brought on by the coronavirus.  Whether you have a union or not, the NLRA can be implicated when making difficult employment decisions in order to ride out the virus wave.

If You Do Not Have A Union

The NLRA protects employees who engage in "concerted activity" for purposes of improving or changing working conditions.  If an employer disciplines an employee for having engaged in concerted activity, the employer will have violated the anti-retaliation provisions of the NLRA and subject to an unfair labor practice charge.  This is so regardless of whether the employees are members of a union or not.  Concerted activity occurs when two or more employees act together with respect to any matter that is related to the terms and conditions of

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