continue to do so. Absent evidence that such remote work created operational difficulties, it may be difficult for an employer to end the practice without significant employee push back. Similarly, the ability to successfully operate


leaner during the pandemic


will cause employers to want to make any job consolidations and eliminations the new normal. The temporary layoffs of several months ago will become permanent. This could in some cases precipitate the types of discrimination claims previously mentioned. It might also cause employees who were recalled to view the treatment of their terminated co-workers as unfair or arbitrary.


Union Organizing and the Coronavirus The perception of mistreatment of former employees whose jobs were eliminated, along with any potential concerns over the uncertainty of their own continued employment, could lead to a disgruntled workforce. If there are miscues in maintaining the COVID-19 protocols that are perceived as causing an increase in positive cases, employees may view the employer as not sufficiently protecting their health and safety. Such employer


About the Author Richard D. Alaniz is a partner at Alaniz Law & Associates, PLLC, a labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over forty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and conducts frequent seminars to client companies and trade associations across the country.


Questions about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 833-2200 or ralaniz@alaniz-law.com.


frustrations could create a fertile field for union organizing. It is quite apparent that unions see the disorder in many workplaces caused by the pandemic as a unique opportunity to ramp up organizing efforts. The June 15, 2020 edition


of Politico’s “Morning Shift”, its regular update on labor and related issues, had as its headline “Coronavirus fever incites union drives”. Other recent pro-union organizing articles urging employees and unions to take action have such titles as “Workers Just-In-Time Movement”, “Organize or Die”, “Turn Up The Heat”, “A Simple Shop Floor


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Organizing Plan Any Essential Worker Can Use”, and “Solidarity is Our Only Chance”. Employers struggling to restore their businesses certainly do not need the additional distraction of a union attempting to organize their employees.


Conclusion The post-pandemic workplace in many cases will be rife with obstacles that could overwhelm some employers. Knowing what may be around the corner and taking steps to avoid it may help employers successfully acclimate to the new environment.


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