A recent opinion from an Administrative Law Judge (ALJ) serves as an important reminder for non-unionized employers. As we previously explained, Section 7 of the NLRA gives employees the right to form, join or assist labor organizations. It also guarantees employees the right to engage in other concerted activities for the purpose of mutual aid or protection. Even in the absence of a labor union, an employee complaining about wages, hours or working conditions on behalf of himself or herself and other employees cannot be disciplined or discharged for such conduct under the NLRA.
In Purple Communications, an ALJ found that a work rule that prohibited workers from “[c]ausing, creating, or participating in a disruption of any kind during working hours on Company property” unreasonably interfered with the Section 7 rights of employees to engage in protected concerted activity. According to the ALJ, the employer’s work rule did not define or limit the meaning of “disruption” or state that is was not intended to refer to Section 7 activity. Accordingly, workers could “reasonably interpret [the rule] to outlaw some such activity.” The NLRB has been taking an increasingly aggressive stance with respect to rules that could be construed as have a chilling effect on an employee’s right to engage in protected concerted activity. Thus, all employers are encouraged to seek legal counsel to determine whether seemingly innocuous policies might inadvertently be found to violate Section 7 of the NLRA. The opinion can be found here.Rule Against Non-Union Workplace “Disruptions” Can Run Afoul of NLRA
RELATED ARTICLES
Shut Your Mouth: Policy Prohibiting Bad-Mouthing the Company Ruled Unlawful
August 27, 2020 | Labor Relations, National Labor Relations Board
U.S. Supreme Court to Take Up Independent Contractor Arbitration Case
February 28, 2018 | Employment Lessons, Supreme Court Watch, Currents - Employment Law
Sticks and Stones: When Texts and Emails Will Hurt You
July 18, 2017 | Employment Discrimination, Currents - Employment Law
Are You Recording This Conversation?
June 5, 2017 | Employment Lessons, Traditional Labor, Currents - Employment Law
The World According to Trump: Could the Obama NLRB’s Pro-Union Rulings be Undone?
November 17, 2016 | Traditional Labor, Currents - Employment Law
Shut Your Mouth: Policy Prohibiting Bad-Mouthing the Company Ruled Unlawful
August 27, 2020 | Labor Relations, National Labor Relations Board
U.S. Supreme Court to Take Up Independent Contractor Arbitration Case
February 28, 2018 | Employment Lessons, Supreme Court Watch, Currents - Employment Law
Sticks and Stones: When Texts and Emails Will Hurt You
July 18, 2017 | Employment Discrimination, Currents - Employment Law
Are You Recording This Conversation?
June 5, 2017 | Employment Lessons, Traditional Labor, Currents - Employment Law
The World According to Trump: Could the Obama NLRB’s Pro-Union Rulings be Undone?
November 17, 2016 | Traditional Labor, Currents - Employment Law
The World According to Trump: Trump’s Impact on Traditional Labor
November 15, 2016 | Traditional Labor, Currents - Employment Law
Fifth Circuit Triples Down on the Legality of Class Action Waivers in Arbitration Agreements
August 15, 2016 | Employment Discrimination, Currents - Employment Law
NLRB Hits Ceiling in Continual Push to Expand Scope of Protected Concerted Activity
July 5, 2016 | Traditional Labor, Currents - Employment Law
EEOC Critical of NLRB’s Investigation Confidentiality Concerns
June 23, 2016 | EEOC, Currents - Employment Law
The Seventh Circuit Rejects Class & Collective Action Waivers In Arbitration Agreements
June 3, 2016 | High Stakes Employment Issues, Currents - Employment Law
NLRB Once Again Puts Employers on Notice Regarding Handbook Policies
October 27, 2015 | Employment Lessons, Currents - Employment Law
Are Your Employees Religious Enough For The NLRB?
August 31, 2015 | Employment Discrimination, Currents - Employment Law
Challenge to NLRB “Ambush Election Rules” Fails
July 31, 2015 | Traditional Labor, Currents - Employment Law
A Reminder from the NLRB to Scrutinize Your &!^@$) Policies
May 26, 2015 | Social Media and Technology, Currents - Employment Law
THE SEC JOINS THE NLRB IN ATTACKING EMPLOYEE CONFIDENTIALITY AGREEMENTS
April 17, 2015 | Non-competes and Trade Secrets, Currents - Employment Law
NLRB Shows No Signs of Releasing Its Death Grip on Employer Handbooks
March 26, 2015 | Traditional Labor, Currents - Employment Law
Non-Union Employers Beware – The NLRB May Come Knocking On Your Door
March 20, 2015 | Employment Lessons, Currents - Employment Law
The Year in Social Media: Four Big Developments from 2014
December 29, 2014 | Social Media and Technology, Currents - Employment Law
NLRB “Likes” Employees’ Facebook Argument
September 2, 2014 | Social Media and Technology, Currents - Employment Law
NLRB Declines to Appeal Class Action Waivers to Supreme Court: What Does it Mean for Employers?
July 21, 2014 | Traditional Labor, Currents - Employment Law
Outlier…or NLRB Shift on Social Media Policies?
July 7, 2014 | Social Media and Technology, Currents - Employment Law
Fifth Circuit Denies NLRB’s Rehearing Request on Class Action Waivers; NLRB Likely to Continue Ignoring Fifth (and Other) Circuit Court Rulings
April 21, 2014 | Traditional Labor, Currents - Employment Law
Not April Foolin’: National Labor Relations Board Finds Employer Rule Requiring Positivity and Professionalism Unlawful
April 7, 2014 | Traditional Labor, Currents - Employment Law
NLRB "Gives Up the Ghost" On Posting Rule Fight
January 9, 2014 | Traditional Labor, Currents - Employment Law
NLRB Offers Further Clarification Regarding Expression of Employees’ Section 7 Rights on Social Media
May 23, 2013 | Social Media and Technology, Currents - Employment Law
Congress Rejects Password Protection Amendment To CISPA
April 24, 2013 | Social Media and Technology, Currents - Employment Law
8th Circuit Upholds Class Waivers in FLSA Cases
January 9, 2013 | Fair Labor Standards Act, Currents - Employment Law
Even When You Win, You Might Still Lose: NLRB Strikes Back After Employer Prevails In Federal Court
October 10, 2012 | Traditional Labor, Currents - Employment Law
NLRB Social Media Decisions Leave Questions for Employers
October 4, 2012 | Social Media and Technology, Currents - Employment Law
The NLRB, EEOC and Social Media
September 4, 2012 | Pregnancy, Social Media and Technology, Currents - Employment Law
Supreme Court Issues Long-Awaited Decision in Christopher v. SmithKline Beecham Corp.
June 18, 2012 | Traditional Labor, Currents - Employment Law
A Complete Overview of the NLRB’s Memorandum Regarding Social Media Policies in the Workplace
June 4, 2012 | Social Media and Technology, Currents - Employment Law
RELATED PRACTICE AREAS
Subscribe
Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.
View Subscription Center