The National Labor Relations Board has clarified in a recent decision that employers cannot threaten or punish employees for filing grievances under collective bargaining agreements, even if the grievances lack merit. The ruling expands retaliation protections to cover good-faith grievance filing. Construction contractors with union workforces need to ensure that supervisors understand that all grievance filings—even those the employer believes are baseless—are protected activity.
Federal labor law protects employees’ rights to file grievances and pursue them through contractual procedures. Employers cannot retaliate against employees for filing grievances, regardless of whether the grievances ultimately succeed. The NLRB has now clarified that threatening employees for filing grievances violates the law even when employers believe the grievances lack merit.
NLRB Expansion of Retaliation Standards
Construction contractors with union workforces must ensure supervisors understand that comments like “if you file another grievance, I’ll make sure you regret it” or similar statements constitute unlawful retaliation threats. Even casual comments can be found to violate the law if they discourage grievance filing.
Comprehensive supervisor training on protected activity and retaliation prohibitions is essential.
New Protected Activity Definitions
Construction employers should:
• Train supervisors that all grievance filing is protected activity
• Instruct supervisors not to comment negatively on grievance filings
• Prohibit any retaliation or threats related to grievance procedures
• Establish neutral response procedures when grievances are filed
• Document supervisor training on retaliation prohibitions
• Create clear policies prohibiting retaliation for grievances
• Remind management that grievance merit is irrelevant to protection
• Understand that casual comments can constitute unlawful threats
Supervisor training is the most effective way to prevent retaliation violations.
What Employers Need to Know
Construction contractors should use this decision as a reminder to strengthen grievance handling procedures and supervisor training. Even supervisors with good intentions can inadvertently violate retaliation protections through casual comments. Contractors should establish formal procedures for receiving and processing grievances that emphasize neutrality and non-retaliation regardless of grievance merit.
For further details, please contact the lawyers at Tobia & Lovelace Esq., LLC at 201-638-0990.