Another Month, Another Slew of NLRB Advice Memos

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The National Labor Relations Board’s Office of the General Counsel (OGC) has continued to release Advice Memoranda, following up on what we reported in our February 2018, March 2018 and May 2018 E-Updates. Six more memos were issued on June 14, 2018. One of the memos was originally prepared several years ago, with the others in more recent months, but they were not released to the public until now. Of particular interest are the following:

  • RoHoHo, Inc. dba Papa John’s Pizza (September 8, 2017). The OGC found that an employee’s termination for failing to give sufficient notice of her absence to attend a two-day “Fight for $15” convention held by the labor union SWOC, violated her rights under the National Labor Relations Act to engage in concerted activity regarding the terms and conditions of employment. While activity solely by and on behalf of a single employee does not constitute protected concerted activity, the OGC deemed the employee’s absence to be a “solo strike” intended to assist a labor union in furtherance of the union’s organizing efforts, which is protected.
  • Comprehensive Healthcare Management Servs.,LLC dba Brighton Rehabilitation and Wellness Servs. (May 3, 2018). A certified nursing assistant did not report a co-worker’s failure to change a resident’s wet clothing but posted it on Facebook. She was terminated for violating the employer’s Resident Abuse policy and the Social Media policy. Although the union challenged the Social Media policy as unlawful under the NLRA, the OGC found that, regardless of whether the employee had engaged in protected concerted activity in her Facebook post, she was lawfully terminated for violation of the Resident Abuse policy.