Hot Topics in Traditional Labor Law: Managing a Union-Represented Workforce in a COVID-19 Environment

COVID-19 has upended and complicated much of the workplace and it is not different when it comes to dealing with a union-represented workforce. Seasoned labor attorney Jim Hays of Sheppard Mullin will provide an overview of the many ways labor relations have been impacted during the COVID-19 pandemic. In our new COVID-19 environment, there are numerous issues implicating the National Labor Relations Act, including employees engaging in protected concerted activities including work stoppages, the potential duty of bargain concerning COVID-19 programs, policies, layoffs and closures, union requests for information, and union initiated inspections. In addition, over the last 6 months, the National Labor Relations Board has been busier than it has ever been issuing decisions on a diverse number of subjects from election-related information requirements and in-person versus mail balloting to updating its position on when abusive workplace conduct crosses the line of protected concerted activities to ruling on other key issues like deferral to arbitration and use of employer email systems. 

Learning Objectives:

1. Examine the impact of COVID-19 on labor relations, including its effect on major components of the National Labor Relations Act such as protected concerted activity, duty of bargaining, and union requests for information

2. Review the National Labor Relations Board’s (NLRB) recent decisions on the conduct of elections during the pandemic

3. Explore other recent NLRB decisions on key issues such as abusive workplace conduct, arbitration, and employer email systems