Articles Tagged with NLRA

The National Labor Relations Act (“NLRA”) grants several rights to a wide array of employees in the private sector regardless of whether or not the employee is part of a union. For example, the NLRA allows covered employees to join as a group in an effort to address and improve the terms and conditions of employment, such as wages and working conditions.  Today’s Long Island labor law blog discusses a recent unfair practices case decided by New York’s federal appellate court.

Section 8 of the NLRA provides an extensive list detailing certain actions by employers that are prohibited and constitute an unfair labor practice. For example, an employer cannot restrict, limit, or interfere with a covered employee’s rights under the NLRA.

On March 15, 2018, in Novelis Corp., v. NLRB, New York’s Second Circuit Court of Appeals addressed various unfair labor practices committed by Novelis Corp., an aluminum manufacturer, after employees from the Oswego, New York plant location began to campaign in an effort to form a steelworker’s union.

An employee called his boss a “NASTY MOTHER F***ER” on Facebook and further wrote about the boss: “F*** his mother and his entire f***ing family.”  His boss fired him.  Was this a wrongful termination? The answer may be surprising.  Today’s employment law blog from Long Island employment lawyers Famighetti & Weinick PLLC explains.

The following facts are taken from NLRB v. Pier Sixty, LLC, a case decided by the Second Circuit Court of Appeals on April 21, 2017.

Hernan Perez was a server for Pier Sixty, a catering company.  In 2011, Pier Sixty’s employees sought union representation.  The organizing campaign was “tense,” with management threatening employees that they could be fired for union activities.  Nonetheless, the employees unionized via a vote on October 27, 2011.

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