Employees’ Right to Cooperate with Management in an Investigation

NLRB Decision & Order:

Graphic Communications Conference/International Brotherhood of Teamsters Local Union No. 735‒S and Bemis Company, Inc. Case 04‒CB‒215127 (June 5, 2020), 369 NLRB No. 97

 

“We find that Stasko engaged in protected activity when he participated in the Employer’s investigation of Union President DeSpirito and provided a statement to the Employer regarding his alleged misconduct.”

The Board has held that employees have a protected right to participate in the machinery of the grievance and arbitration process. See Cement Workers D‒357 (Southern Portland Cement), 288 NLRB 1156, 1157‒1158 (1988); Oil Workers Local 7‒103 (DAP, Inc.), 269 NLRB 129, 130 (1984).

This includes the right to provide witness statements, including those against fellow members, that are foreseeably part of the grievance process. See Cement Workers D‒357, above at 1156‒1157; Oil Workers Local 7‒103, above at 130.

Sheet Metal Workers Local 550 (Dynamics Corp.), 312 NLRB 229, 234 (1993) (Employees have a protected right “to cooperate with management in the investigation of employee misconduct which might lead to discipline, at least where a grievance has been, or . . . is likely to be filed.”). Id. Footnote 6. 

“The Board has held that a union violates Sec. 8(b)(1)(A) when it disciplines an employee for reporting a work-rule infraction by
another employee if the disciplined employee is under a duty to make such reports.” Operating Engineers Local 513 (Ozark Constructors), 355 NLRB 145 (2010), enf. denied 635 F.3d 1233 (D.C. Cir. 2011), and cases cited therein. Here, the judge found that the Employer called Stasko to the human resources office to interview and provide a statement about DeSpirito’s conduct. See Teamsters Local 439 (University of the Pacific), 324 NLRB 1096, 1098 (1997) (finding that union’s discipline of a member for performing his “employer-assigned tasks” of reporting misconduct was unlawful), enfd. 175 F.3d 1173 (9th Cir. 1999). Id. Footnote 8.  Here, we have found that by participating in the Employer’s investigation, Stasko was exercising his right to participate in the contractual grievance procedure. Accordingly, he was engaged in protected concerted activity under City Disposal and Interboro. Cf. Operating Engineers Local 513, 635 F.3d at 1236 (noting that Board “explicitly decline[d] to rely on City Disposal”).

NLBR Case – Protected Activity

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Sharam Kohan

Sharam Kohan: Biography

Sharam Kohan is a seasoned professional with an extensive background in law, human relations, and organizational leadership. Currently a degree candidate for an LLM at UC Berkeley Law, Sharam brings a unique blend of legal education, hands-on experience, and a deep commitment to social justice and human rights.

With a career that spans diverse sectors, Sharam's expertise extends far beyond the classroom. He has served as a Human Relations Commissioner, contributing his leadership to Alameda County’s Human Relations Commission, where he worked on initiatives to improve community relations and promote equity. His dedication to social change is also evident in his philanthropic efforts as a donor to organizations like FACES SF, which provides vital resources and support to the Bay Area’s underserved communities.

An advocate for labor and employment rights, Sharam holds a specialization in Employment Law from Temple University School of Law, which has furthered his ability to navigate complex legal frameworks. His professional journey includes leadership roles across human resources and operations, where he has honed his ability to manage teams, shape organizational culture, and implement effective strategies that drive success. He also holds SHRM certification, further solidifying his expertise in human resources management.

As a writer and thought leader, Sharam has authored multiple works that delve into complex philosophical and legal topics. His books, Judgment, a Priori Itself and Sartre’s Conception of Freedom, explore the intersections of law, philosophy, and human freedom, blending his academic background with a passion for intellectual inquiry. These works have garnered attention for their thoughtful analysis and exploration of complex ideas, establishing Sharam as a respected voice in both legal and philosophical circles.

Though not a traditional legal scholar, Sharam’s interdisciplinary approach to understanding law and society has made him a sought-after commentator on topics ranging from legal theory to organizational dynamics. His writing can be found on various platforms, including his blog at Harvard, where he shares insights on law, politics, and social issues.

Sharam Kohan is a dynamic and forward-thinking professional with the knowledge, experience, and passion to contribute meaningfully to the legal, social, and business landscapes.

For more on Sharam Kohan’s work, visit his blog at archive.blogs.harvard.edu/kohan and his author pages on Amazon, including Judgment, a Priori Itself and Sartre's Conception of Freedom.

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