Employers certainly have had a difficult road to travel over the last 18 months or so as the National Labor Relations Board (NLRB) under President Barack Obama has demonstrated an activist role in restructuring the labor relations landscape.
In a union election, it’s not just the CEO who needs to knock on doors – like in the picture below representing the famous 80’s record titled in this piece – and communicate with employees about whether or not to vote for union representation. The employer’s supervisors fulfill a pivotal role in educating employees about that, as well. The D.C. Circuit’s recent decision in Veritas Health Services, Inc. v. NLRB underscores the importance of employers properly identifying and classifying their supervisors before union activity occurs.
Historically, Ohio courts have recognized breaches of public policy as an exception to the employment-at-will doctrine. To make such a claim, an employee must assert and prove a clear public policy based in state or federal constitutions, a statute or regulations, or common law. In its recent decision in Dohme v. Eurand Am., Inc., the Ohio Supreme Court restricted the availability of wrongful discharge claims premised on breaches of public policy. This most recent decision provides employers with another tool in their defense arsenal against such claims.