https://bellowelsh.com/wp-content/uploads/2014/02/BelloWelsh_logo_banner2.jpg 0 0 Martha Zackin https://bellowelsh.com/wp-content/uploads/2014/02/BelloWelsh_logo_banner2.jpg Martha Zackin2014-06-17 20:41:402014-06-17 20:41:40NLRB Invalidates Overbroad "No Gossip" Policy
NLRB Invalidates Overbroad “No Gossip” Policy
Over the past few years, the National Labor Relations Board has expanded its sphere of influence into the non-unionized workplace. In the guise of preserving workers’ rights under Section 7 of the National Labor Relations Act (which includes the broad right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection), the NLRB has:
- Invalidated a policy prohibiting employees from making statements that “damage the Company, defame any individual or damage any person’s reputation,” because it could impede employees’ exercise of their Section 7 rights to protest working conditions (Costco, 358 NLRB No. 106);
- Found that a company’s blanket policy of requesting participants in an internal investigation to keep the investigation confidential improperly infringes on employees’ Section 7 rights (Banner Health, 358 NLRB No. 93);
- Weighed in on employers’ social media policies (NLRB reports); and
- Found a policy requiring employees to be courteous, polite, and friendly to customers to be overbroad and invalid (Karl Knauz Motors, 358 NLRB No. 164).