DECISIONPOINT RESULTS continued from page 9 The Court’s Decision


In this case, the Court ruled that employees could not be terminated for spontaneous comments made by the employees, in response to a threatened new disciplinary measure proposed by their employer concerning a change in the company’s break policy.


The NLRB ruled that these comments were merely figures of speech made while the employees were engaging in activity that was protected by the National Labor Relations Act. The Court of Appeals affirmed the ruling, noting that none of the employees made any physical gestures, and that although the remarks were intemperate, the behavior of the employees did not amount to insubordination.


Lessons Learned


The case of Kiewit Power Constructors Co. v. NLRB, No. 10-11289, (D.C. Cir. Aug. 03, 2011)demonstrates that when employees act as a group, they may be given more protection under the law than if each employee had acted individually. To avoid some of the problems presented by this case, whenever possible, it is preferable that the employer deal with such issues on a one-on-one basis.


If there are to be policy changes on any issue, announce


the policy change in writing, and then invite employees to discuss any questions about the policy with their supervisor or manager on an individual basis.


This case does not mean that workplace violence policies cannot be implemented or that once other policies once implemented cannot be changed. Rather, the case should be viewed as a caution to employers about how they communicate any policy change to employees.


INTERNATIONAL NEWS (continued from page 4) Violent Crime Takes Life of Hotel Manager in Dominica


A hotel general manager was hacked to death with a sword on the Caribbean island of Dominica. The tragedy took place when a three-man gang invaded the Pagua Bay House, according to the news reports. Costello was there as the men tried to rob his friends, Rick and Alicia Davison, the owners of the small boutique hotel.


To read more Click Here.


Preparing A Violence Prevention Plan with New OSHA Approach (continued from page 6) In addition, OHSA has adapted a new motto to characterize the IIPP approach “Plan, Prevent and Protect.”


In the workplace violence prevention area The National Institute for Prevention of Workplace Violence, Inc. has pioneered and been a leader in advocating the ‘prevention approach’ versus the ‘zero tolerance’ approach that most organizations adapted in the twentieth century. Even prior to the new direction that OSHA appears to be heading the Institute adapted a motto ‘Plan, Detect, Prevent and Protect.’ There is no coincidence that these paths have crossed and aligned.


The Institute worked as the Workplace Violence Prevention Consultant for the State of California which for many years has required organizations to implement IIPPs. Accordingly, the Institute became very familiar with IIPPs and adapting workplace violence prevention programs to work in conjunction with them and as part of an Injury and Illness plan.


As a charter member of the Alliance Against Workplace Violence the institute has contributed a chapter to the Alliances’ first project, a new book called – Halt the Violence. The chapter title is “Using Predictive Management Techniques To Reduce the Risk of Workplace Violence.” It introduces predictive management techniques being used by law enforcement and many other progressive organizations to workplace violence along with other prevention methods. To learn more about this exciting new direction join us for a special complimentary webinar on September 13th featuring renown workplace violence expert, W. Barry Nixon, SPHR, Executive Director, The National Institute for Prevention of Workplace Violence, Inc.(click here to see his biography)


Click Here to Register for the complimentary webinar on September 13th


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