Employment Law Monthly - August 2014

The Occupational Safety & Health Administration ("OSHA") recently entered into a referral pact with the National Labor Relations Board ("NLRB") that will likely result in more employers being subjected to charges of unfair labor practices.

In a decision surprising even for the modern NLRB, the NLRB held 2-1 that an employee who had shouted a string of expletives at his supervisor had engaged in protected, concerted activity.  Holding that the employee should not have been fired, the NLRB required the employer to reinstate him and provide back pay.