The National Labor Relations Board (NLRB) held that an employee forfeited protection under the National Labor Relations Act (NLRA) by improperly accessing the employer’s secured area while engaging in protected concerted activity.
The employee was terminated for committing a “serious security breach” after he led 20 delegation members, 12 of which were nonemployees, through a secured access area to deliver a petition to the employee’s manager. In order to get to the secured area, the employee had to stop at a security station where he falsely told the guard that everyone in the delegation was an employee. The employee then had to enter a security code to get through a locked door to enter the secured area. Behind the locked door, the employer kept cash, corporate checks, personnel files, and other sensitive information.
Under the National Labor Relations Act, it is an unfair labor practice to terminate an employee for engaging in protected concerted activity. The National Labor Relations Board found that the employee was engaged in a concerted activity; however, it held that the employee’s conduct was “so egregious” that he forfeited the protection of the Act. In making this determination, the board weighed the employee’s right to engage in the protected activity against the employer’s right to “maintain order and respect.” The board concluded that the termination of the employee was lawful.
The case is KHRG Employer, LLC, 366 NLRB No. 22 (Feb. 28, 2018).
This case presents an important reminder for employers to update and evenly enforce their policies, including about secured areas. Attorneys at FHKAD routinely draft, advise and defend employers with respect to their policies and union relations. Feel free to contact David Riepenhoff, driepenhoff@fishelhass.com, or Daniel Sabol, dsabol@fishelhass.com, by email or at (614) 221-1216.