Union’s Fine of Member Acting Alone Does Not Violate NLRA

October 13, 2011 by Beeson Tayer & Bodine

For nearly 30 years the NLRB held unlawful union discipline of a member for reporting a co-worker’s violation of an employer’s rule despite the fact that the reporting employee acted alone. In Operating Engineers Local 513 v. NLRB, the D.C. Circuit Court of Appeals rejected this history.

The D.C. Circuit agreed with the union that the Act’s Section 7 “concerted activity” requirement was a necessary pre-condition for employer and union violations alike, and absent “concerted activity” the union’s discipline could not violate the Act. The court rejected the Board’s conclusion that an employee is simply “deemed” to have engaged in concerted activity when reporting a violation of an employer’s work.

The court’s decision, however, does not mean that unions are free to discipline members who together with other employees collectively report violations of employer rules.

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