NLRB Advice Memoranda, El Sol Contracting and Construction Co, National Labor Relations Board, (Oct 8, 2020)

The Region submitted this case for advice as to whether the Employer violated Section 8(a)(3) or (4) by laying off the charging party in the midst of a purported downturn in business due to COVID-19 and failing to recal​     ​ thereafter. We agree with the Region's determination that the charge lacks merit for the reasons outlined in the submission and Agenda Minute. Further reinforcing this determination is 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.

This email closes this case in Advice. Please contact us with any questions or concerns.

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Supervisory Attorney

NLRB Division of Advice

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