NLRB Explains Approach To COVID-19 Related Cases

The General Counsel to the National Labor Relations Board (NLRB or Board) has issued an Advice Memorandum, GC 20-14, explaining his approach to charges filed in COVID-19 related matters. This Memorandum outlines the types of charges where the General Counsel has found merit and explains “critical positions” he has directed Regional offices to take. The General Counsel explains: “COVID-19 has resulted in unprecedented challenges for employees, their employers and unions. It is my hope that these [case] summaries will offer readers an understanding of the contours of doctrinal law and its application to this unique situation.”

The Advice Memorandum discusses cases involving protected concerted activity, Weingarten rights, discriminatory layoffs and recalls, failure to bargain over the effects of unilateral changes, a refusal to hold bargaining sessions, failure to bargain over the elimination of benefits, and a refusal to provide information. It provides insight into how the Board will analyze COVID-19 related charges, and is a helpful tool for any employer navigating the pandemic.

KZA attorneys are available to discuss this Memorandum with you.

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.