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ARTICLE · 18 JULY 2022

NLRB Rules Two Union Representatives Were Not Fired Over COVID-19 Concerns

Littler Mendelson
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On July 6, 2022, the National Labor Relations Board published its decision in Southwest Regional Council of Carpenters, 371 NLRB No. 112, adopting the administrative law judge's (ALJ)...

United StatesEmployment and HR
Maura Mastrony
Maura Mastrony
Claire Pariano
Claire Pariano
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On July 6, 2022, the National Labor Relations Board published its decision in Southwest Regional Council of Carpenters, 371 NLRB No. 112, adopting the administrative law judge's (ALJ) decision that a carpenters' union did not unlawfully lay off two employees who raised concerns about safe working conditions during the COVID-19 pandemic.

A three-member panel for the Board opined that the employees' layoffs were not connected to the employees' protected activities and that the carpenters' union, Southwest Regional Council of Carpenters (the "Council"), did not violate the National Labor Relations Act in laying off the employees.

Background

The Council hired one employee as a business or special representative in April 2016. The second employee was hired as a business representative in May 2017. The second employee was also elected as president of United Brotherhood of Carpenters and Joiners of America Local 1977, the entity that charters the Council, and was a

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