NLRB Report: Do Your Handbook Policies Violate the NLRA? The New Landscape for Both Union and Non-union Employers.

On March 18, 2015, NLRB General Counsel Richard Griffin published a Report concerning recent case developments arising in the context of employee handbook rules and policies. See our earlier article here. The thirty-page Report concludes that many commonly-used policies, if not phrased carefully, may have a chilling effect on Section 7 rights to engage in concerted activity. In this breakfast briefing, we will discuss the policies critiqued by the NLRB including, among others, confidentiality policies, employee conduct policies, media policies, trademark and copyright use policies, and conflict of interest policies. We will also review recent decisions interpreting the Report's guidance and we will provide examples of lawful handbook policies that can be used by both union and non-union employers to avoid NLRB scrutiny.

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