Anti-Union Discrimination Claims and the NLRB

Former National Labor Relations Board (NLRB) member Harry Johnson analyzes how the Republican-majority NLRB treats discrimination claims involving employees who engage in union activity. Harry explains the type of evidence that establishes a discrimination case for the current Board, specifically in the context of “zero tolerance” employer policies and “tightening up discipline” to meet regulations, and discusses how a Republican Board might change the legal test relating to anti-union discrimination in the future.