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New General Counsel Memo Highlights Key NLRB Priorities, Areas for Employer Caution | Akin Gump Strauss Hauer & Feld LLP
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New NLRB General Counsel Announces Agenda to Strengthen Workplace Rights | Ballard Spahr LLP
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Once again, the National Labor Relations Board’s sole Democrat, Chairman McFerran, has issued a dissent that sheds light on how a Biden-Board likely will reverse precedent established by the Trump-Board. This update is our third in a multi-part series discussing how Chairman McFerran’s dissents are likely to become the law once President Biden appoints new Board members and the Democrats are in the majority (see
here regarding confidentiality in arbitration agreements and
here regarding implementation of employee handbooks). The latest example of this appears in the Board’s April 16, 2021 decision,
Dive Brief:
A three-member panel of the National Labor Relations Board (NLRB) affirmed Dec. 7 an agency judge s ruling that Nestlé USA violated the National Labor Relations Act (NLRA) when it suspended and discharged an employee at a Wisconsin frozen pizza facility who reported a line coordinator s racist comment.
Per court documents, the employee and several co-workers submitted a petition to their HR department complaining about the comment. Nestlé did not investigate the claim at the time, but it did suspend the line coordinator without pay in response to the petition. However, the employee, who felt the line coordinator should have been terminated, reported the comment to a different supervisor. Nestlé investigated the incident but suspended the employee and later discharged the employee following the report.
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