GNYADA March 2015 Newsletter

5 NLRB Developments Impact Dealers

The NLRB’s new rules regarding Quickie Elections could present challenges for employers whether dealers are a union shop or not. The quickie election rule goes into effect on April 14. The NLRB recently weighed in on an administrative law judge’s decision that a dealership violated the National Labor Relations Act (NLRA) when the dealership prohibited union organizing on company property by creating the impression that employ- ers’ union activities were under sur- veillance and questioning employees on their union activities and other grievances. Rule making states: Employees have the right to use dealership email systems for solicitation activity n An Old Dominion Freight Line, Inc., truck driver admitted to the company that he had an alcohol problem. Upon hearing this, and according to com- pany policy, the driver was perma- nently taken off the road and offered a part-time non-driving, lower-paying position at the dock. The driver was ultimately terminated for abandoning his new position. Old Dominion had an unwritten poli- cy of preventing any driver who “self-reports” an alcohol problem from driving again. The Court found that this policy violated disability discrimination laws under the Americans with Disabilities Act (ADA) and denied the driver reason- able accommodation. The ADA 6

Reviewing employee handbooks policies on confidentiality, e-mail use, and cell phone use Company social media policies cannot permit bad-mouthing employer Dealers should consult with their labor attorneys before taking any action in the event of union activity at the dealership. GNYADA’s Employee Relations Plan (ERP) keeps dealer members up to date with employment regulations. As an ERP member, you have access to expert legal counsel, both in-house and through an outside labor law firm. ERP membership costs $595 per year to get instant answers to complex labor problems. Contact Susan Bieber at 718.746.5900 or susan@gnyada.com . requires an individualized assessment to determine if employee is able to perform the functions of their job safely. The Equal Employment Opportunity Commission (EEOC) stepped in and sued on behalf of the driver. The EEOC acknowledged that Old Dominion could (and indeed had to) take the keys away from this truck driver in order to comply with DOT regulations concerning the safety of the public. On the other hand, upholding the decision of a federal district court in Georgia, the Eleventh Circuit ruled that Crete Carrier Corp. did not vio- late the ADA when it declined to n n

ERP Spring Seminar MAY 13, 2015 Center for Automotive Education & Training This seminar gives both union and non-union employers’ dealerships guid- ance on bringing work rules and policies into compliance with recent NLRB decisions while preserving your rights to manage the dealership in a profitable manner.

Save the Date

Free for GNYADA’s ERP members. Email phyllisa@gnyada.com to register.

Jury Awards Truck Driver $119,000 Here’s a labor law case that’s to crazy to believe

employ a truck driver with a “current clinical diagnosis of alcoholism,” a bar to driving under DOT regulations. Dealers must assess each individual employee situation one-by-one when it comes to handling disabilities. Dealers must enter into a dialogue with employees in order to determine an acceptable accommodation.

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • April 2015

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