NLRB Tells You What You Can Put in Your Policies

By
May 20, 2014

Two recent decisions by the National Labor Relations Board again shows the intrusion of the Board into the business of running a company. In these decisions, the NLRB (by a 2-1 vote) held that an employer violated federal labor law by:

  • Establishing a company policy that prohibited employees from disclosing confidential personnel information and documents to persons outside the organization;
  • By establishing rules in an employee handbook that included a rule prohibiting employees from electronically posting statements that damage the company reputation or damage any individuals reputation.

In both cases, the NLRB said that the policies adopted by the company violated federal law because it restricted the right of employees to address issues of wages, hours and conditions of employment that is protected under Section 7 of the NLRA, even in a non-union setting. The dissenting board member wrote that there was nothing in these policies that referenced union activity and it was not reasonable for the company to believe that employees construed the rule or policy to prohibit protected activity regarding union rights and individual rights.

This is a continuation of an effort by the NLRB to place restrictions on what companies can do to control the activities of employees. This represents a very liberal interpretation of the Section 7 rights of an employee in instances when the company does not even refer to union organizing efforts or union activity in its rule or policy.

Employers must be aware of this significant enforcement effort by the NLRB and be careful how they word their policies in an employee handbook.

Back to all News & Insights

Disclaimer

The content in the following blog posts is based upon the state of the law at the time of its original publication. As legal developments change quickly, the content in these blog posts may not remain accurate as laws change over time. None of the information contained in these publications is intended as legal advice or opinion relative to specific matters, facts, situations, or issues. You should not act upon the information in these blog posts without discussing your specific situation with legal counsel.

© 2024 Ruder Ware, L.L.S.C. Accurate reproduction with acknowledgment granted. All rights reserved.