Supply Chain Optimization

NLRB attacking employers (again)

by Tom Moore on Sep 26, 2023 10:10:00 AM

The National Labor Review Board (NRLB) is, once again, putting out rules that are totally supportive of unions and completely unfair to employers.

All employer work rules that could possibly be viewed as restricting employee organizing efforts are now presumed to be illegal under federal labor law.

This may even include the use of such things as:

  • Confidentiality agreements 
  • Photography/recording policies
  • Dress code
  • Social media etc
  • …the list goes on
Lawyers say such policies could be presumed illegal by the NRLB General Counsel  “[if] an employee could reasonably interpret the rule to have a coercive meaning,” and as a result, this burden will be deemed satisfied “even if a contrary, non-coercive interpretation of the rule is also reasonable.”  
 
For example, a recent case removed the ability of employers to restrict their employees’ use of profanity in situations where that kind of verbal expression can be interpreted as touching on the subjects of wages and working conditions.
 
Heads the unions win, tails employers lose.
 
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Topics: #blog

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