On March 18, 2015, the general counsel for the National Labor Relations Board (NLRB or Board) issued a Report Concerning Employer Rules. The report was issued in an effort to provide guidance on the use of employer rules as they relate to the National Labor Relations Act (NLRA). Using a few of the most frequently litigated employee handbook rules, the report includes several examples of common employee handbook policies and why the Board may or may not find those policies to be lawful. Both union and non-union employers may find this information useful, as both are subject to the NLRA.
The first part of the report address the legality of employer rules pertaining to the following topics:
- Confidentiality;
- Employee conduct;
- Third-party communications;
- Restricting, banning or protecting the use of company logos, copyrights and trademarks;
- Restricting photography and recordings, and related equipment;
- Restricting employees from leaving work; and
- Conflicts-of-interest.
The second part of the report discusses rules from a Wendy’s International LLC handbook that the Board deemed unlawful along with revised, lawful rules that Wendy’s adopted under a settlement agreement with the Board.
Employers are advised to carefully review their handbooks to ensure that all of their workplace policies comply with the Board’s current guidance. Because of increased NLRB scrutiny of such matters and the often blurry line between lawful and unlawful rules, consultation with a qualified labor attorney may be in order.
For information related issues, visit AGC’s Labor & HR Topical Resources web page. The primary category is “Unions/NLRA” and the subcategory is “Protected Concerted Activity.”