NLRB: Streetcar Operators’ Firing Lawful Following Violation of No-Cellphone-Use Policy

Operators of Washington, D.C. streetcars were union sympathizers, but it was their violation of the company’s no-cellphone-use, and not the fact that a union election was nearing, that got them fired.

So concluded investigators from the National Labor Relations Board.

Seven employees were fired for violating the policy. Two operators who damaged a streetcar while backing it up “failed to follow the proper procedure for moving a streetcar on the yard,” the NLRB found.

Even though both operators were union supporters, their representatives didn’t prove that their support was the reason for their firing, the board concluded.

This post was picked up by the Ohio Employer’s Law Blog weekly round-up of Dec. 18.

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