- Written by Jizell Lopez
As many of you know, in September of 2017, the Trump administration announced it would end the Deferred Action for Childhood Arrivals (“DACA”) program. President Trump set a March 5, 2018, expiration date in order to give Congress time to pass legislation addressing DACA. The deadline is quickly approaching which has left lawmakers scrambling for a solution that will have sufficient bipartisan support to be passed by Congress and be acceptable for the President, who will have to sign the bill into law.
- Written by Michael C. Saqui & Gregory Blueford
The National Labor Relations Board’s General Counsel (“Board GC”) released a number of advice memorandums this week on various “gray areas” of federal labor law. Advice memos are used by the Board’s GC to guide local offices on National Labor Relations Board (“NLRB”) policy and may serve to instruct the offices on a certain strategy or course of action in a particular case.
One of the memos released this week addressed whether employees can be discharged for making figurative threats of violence during a pre-shift meeting addressing workplace safety issues. In re: Williams-Sonoma Direct, Inc., the Company instituted a new workplace safety policy that allowed employees to walk into areas where forklifts were being operated as long as proper safety measures were taken. Two forklift drivers (“Charging Parties”), who had been staunch union supporters in a failed union organizing drive, objected to the new policy, stating that it would be dangerous because it is difficult to see when moving pallets around. Charging Parties asked if a “mirror miss,” an offense that occurs when an employee operating machinery gets too close to another worker, would be treated the same as hitting somebody under the new policy. When Charging Parties did not get a clear response, one of the Charging Parties stated that he might as well hit another employee if a mirror miss was going to count the same as a collision. The other Charging Party stated that in the event that he hit somebody he would hit them twice because a “dead man cannot talk.” The other employees at the meeting laughed at these comments.