What constitutes protected concerted activity in the era of Covid-19 is a challenging question. It is likely that the new administration’s NLRB will take a very liberal view, but this recent advice memo indicates that not all Covid-19 related issues will provide fodder for unfair labor practice complaints.
The June 15th advice memo relates to a case in Illinois where a bartender was fired for complaining about the bar allowing patrons into the inside seating area rather than restricting them to the patio, and not requiring them to wear masks. When the employee informed a supervisor that he would only feel comfortable returning to work if the employer changed their policies, he was fired based on this unwillingness. The employee filed a ULP, which the NLRB regional offices kicked to the Board General Counsel’s Division of Advice.
