NLRB Condoning “Incredibly Objectionable Behavior"
In
recent months, the National Labor Relations Board has issued rulings that limit
a business’ ability to dismiss employees for using profanity in inappropriate
situations. While a case in which the NRLB found that a Hooters employee was
wrongfully fired for swearing at other employees in front of customers has
drawn the media attention, a new memo from lawyers at the Holland & Knight
law firm suggests that this is part of a wider trend. The memo said that the
NLRB’s recent decisions “have given broad protections to employees who are
discussing or complaining – even in a vulgar manner – about the terms and conditions
of their employment to their co-workers or managers. Clearly, employees are
free to discuss, and even complain about, their terms and conditions of
employment; this is a core right protected by federal law, whether or not the
employees are represented by a union. However, the Board is now frequently
condoning incredibly objectionable behavior that is combined with an alleged
exercise of protected activity.”
What This Means For Small Business:
The federal interventions
highlighted in the Holland & Knight memo reduces the latitude of business
owners in making personnel decisions in running their business. The impact on
small businesses, which by definition have fewer employees to staff their
operations, could be disproportionately large compared to big businesses.
Further Reading:
JD Supra posts the Holland & Knight memo
on their website. BizPac Review also covers the issue, while the
Wall Street Journal addresses the issue in an
editorial.
Related:
NFIB Business Resources: Staffing and Workplace Issues
This news article is intended to keep small business owners apprised of current events that may affect them. It does not necessarily reflect NFIB’s policy position on such issues.
