NLRB denies Mulcahy appeal in Aspen Skiing Co. case
June 28, 2011
ASPEN – The National Labor Relations Board (NLRB) has denied an appeal of its earlier decision that former Aspen Skiing Co. ski instructor was unlawfully terminated.
The NLRB, in a decision dated June 14, found that there was insufficient evidence to conclude that a May 2010 letter to the editor by Lee Mulcahy was a “protected concerted activity” under the National Labor Relations Act. Even if the letter and emails about potential union organizing were protected, there were other activities that the Skico would have disciplined Mulcahy for, the decision said.
Mulcahy filed a complaint against the Skico in November 2010. The NLRB ruled against him in March. Mulcahy filed two appeals.
In the second appeal, Mulcahy said he was fired because he passed out materials critical of the Skico. He alleged he was unfairly punished for passing out leaflets on Skico property when other employees were allowed to distribute information.
The NLRB’s Office of Appeals said there was insufficient evidence to show Mulcahy was fired for undertaking a protected activity. The NLRB also said the Skico didn’t have knowledge of and didn’t condone activities of other employees who violated the company’s no-solicitation rule.
The NLRB decision on the appeals was made available by the Skico. In a statement, the Skico said, “In our view this issue is now addressed and we will be moving forward. We feel that the NLRB ruling vindicates our decisions all along with regards to this matter.”