Melissa Atkins Discusses a Recent NLRB’s Decision that Could Make Companies More Vulnerable to Unfair Labor Practices Charges on SHRM

September 15, 2023

Obermayer labor and employment partner Melissa Atkins was quoted on SHRM on September 15, 2023, in connection with a recent National Labor Relations Board’s (NLRB) decision that could make companies more vulnerable to unfair labor practices charges. The key NLRB holding in Intertape Polymer Corp. was that the general counsel’s burden of establishing a labor law violation under Wright Line has not changed despite language included in a 2019 board decision called Tschiggfrie Properties Ltd.

Under Wright Line, the elements required to sustain this burden are:

  • Union or other protected activity by the employee.
  • Employer knowledge of that activity.
  • Employer animus against the union or other protected activity.

Employers should ensure their legitimate and lawful business rationales are well documented before acting. 

“In addition, employers should have fair policies and consistent application, said Obermayer’s Melissa Atkins.”

Read the full article here.