By Jill Ripke and Katelyn Sullivan

The National Labor Relations Board (NLRB) released an advice response memo concluding that a claim that a construction company violated the National Labor Relations Act (NLRA) “by laying off the charging party in the midst of a purported downturn in business due to COVID-19” and thereafter failing to recall the employee lacked merit. The Division of Advice found that its determination was reinforced by “the fact that the temporary assignment—for which the Employer rehired a former employee to complete rather than recalling the charging party—ended in September 2020 and that other employee’s employment did not continue thereafter.”