Think You May Be Facing a Legal Issue in the Work Place?

The National Labor Relations Board web site is well organized and easy to navigate. The cases are interesting, covering topics common to many employees and easy to read. After reviewing a few cases posted on the site I was surprised at some decisions. 

The NLRB, an organization created in 1935 to enforce the National Labor Relations Act has two principle functions. The first is to insure employees have a free democratic choice concerning union representation. They also see that employees are able to choose which union represents them. The NLRB also serves to prevent and remedy any unfair labor practices by either employers or unions. The NLRB does not act on its own in policing these issues but instead responds to petitions which are filed with them. 

The first thing a person should do when they have a work related problem with their employer is to try to resolve the issue directly with the employer. If an adequate solution can not be reached then employees should contact the NLRB. Spending a short time examining the NLRB web site should provide the employee with an idea of if their grievance is legitimate and the steps to take to file a complaint. 

One decision that was made by the board which surprised me was concerning a case with multiple issues. A surgical tech had given her resignation in response to her employer creating a difficult work place because of issues with a union. The employer had made derogatory remarks concerning the union and made threats concerning discipline, termination and surveillance of employees. The employer banned talking about the union during work hours. I was not surprised that the NLRB upheld the issues pertaining to the union but I was surprised that they were found in violation by not allowing the employee to rescind her resignation or to agree to rehire her. I always believed that once you quit, or had turned in your resignation it was the employer’s choice to allow you to remain an employee. This was case Southern Monterey County Hospital d/b/a George L. Mee Memorial Hospital (32-CA-32-RC-4664; 348 NLRB No. 15. out of King City, CA on Sept. 29, 2006.