On July 6, 2022, the National Labor Relations Board published its decision in Southwest Regional Council of Carpenters, 371 NLRB No. 112, adopting the administrative law judge’s (ALJ) decision that a carpenters’ union did not unlawfully lay off two employees who raised concerns about safe working conditions during the COVID-19 pandemic.
A three-member panel for the Board opined that the employees’ layoffs were not connected to the employees’ protected activities and that the carpenters’ union, Southwest Regional Council of Carpenters (the “Council”), did not violate the National Labor Relations Act in laying off the employees.
Background
The Council hired one employee as a business or special representative in April 2016. The second employee was hired as a business representative in May 2017. The second employee was also elected as president of United Brotherhood of Carpenters and Joiners of America Local 1977, the entity that charters the Council, and was a delegate to the Council.
In response to COVID-19, the Council instituted new policies to reduce potential exposure and to mitigate any outbreaks. For example, some employees were texted their assignments rather than receiving them in person, and employees were also instructed not to ride to jobsites together.
In separate charges filed by the two employees, they alleged that, at the outset of the COVID-19 pandemic, they raised concerns regarding the working conditions and COVID-19 precautions that were put in place by...
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