Matter of Atl. Scaffolding Co

Workers who walk off the job together over wages, and do not interfere with the employer’s property rights nor engage in any other misconduct; are protected by the National Labor Relations Act (“NLRA”), and therefore cannot be discharged for such activity. Employees engaged in a workplace protest, and those who did not return for work the next day were discharged for “job abandonment.” According to the NLRA, workers who engage in an on the job protest cannot be discharged for such activity because they are engaging in a protected, concerted activity under Sections 7 and 8(a)(1). 29 U.S.C. §§ 157, 158 (a)(4). Since the work stoppage did not interfere with the employer’s property, and the employer did not present sufficient evidence of job abandonment, the Board found that the employer unlawfully discharged the employees. Matter of Atl. Scaffolding Co., 356 N.L.R.B. No. 113 (2011).

See also NLRB Office of Public Affairs, Settlement distribute more than $300,000 to unlawfully discharged workers in Texas, NLRB (Feb. 10, 2012), available at http://nlrb.gov/news/settlement-distributes-more-300000-unlawfully-discharged-workers-texas; Summary of NLRB Decisions for the Week of March 14-18, 2011, NLRB (last accessed Mar. 17, 2012), available at https://www.nlrb.gov/weeklysummary/summary-nlrb-decisions-week-march-14-18-2011.

(Development authored by Nicholas Devyatkin)

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