NLRB Reminds Employers of the Importance of Applying Consistent Discipline Policies in Workplace
October 05, 2022
Noting the employer did not have an employee code of conduct policy prohibiting the use of derogatory language, the National Labor Relations Board (NLRB or Board) has held an automotive dealership violated the National Labor Relations Act (NLRA) by wrongfully terminating an employee for calling the owner a derogatory term. The Board explained that such derogatory language was common in the employer’s workplace. The NLRB's decision reminds employers that they should create, maintain, and consistently enforce clear and narrowly tailored work rules and policies. Doing so will help an employer establish it would have taken the same action against an employee should discipline later be challenged.