Case focused on coercion in an employer interview
In dealing with the case of one South Carolina employer, the National Labor Relations Board (NLRB) has decided to uphold its longstanding approach to protecting employees from coercion when they are interviewed by employers preparing for unfair labor practice proceedings before the Board.
NLRB decided on the Sunbelt Rentals Inc. case adhering to the standard first adopted in 1964 in Johnnie’s Poultry, 146 NLRB 770 (1964), which found that such interviews violated the National Labor Relations Act unless the employer gave the employee specific assurances.
“Today’s decision maintains a well-understood 58-year standard that has proven successful in balancing employer needs and employee rights, while protecting the integrity of the Board’s process,” said Board Chairman Lauren McFerran. “Because of the strong possibility of coercion in an employer interview about unfair labor practice issues, employees need protection. This familiar, bright-line test is easy for employers to comply with and brings certainty to the administration of the Act.”
The decision came after NLRB’s Notice and Invitation to File Briefs seeking public input regarding whether or not to adhere to the said standard. The document was released in March.
The board asked for briefing on the following questions:
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