The NLRB has continued its assault on garden-variety employment policies, issuing three decisions in recent weeks, each of which concluded that facially neutral employment policies violated employees’ rights to engage in protected concerted activity. The cases are:
- Flex Frac Logistics, LLC
- TT&W Farm Products, Inc.
- Costco Wholesale Corp.
To place this issue within a legal context (and for the uninitiated), the National Labor Relations Act (NLRA) grants all private-sector employees (unionized and nonunionized) the absolute right to engage in protected concerted activity, which includes, among other things, the right to discuss, between and among themselves, their wages, hours, benefits and other terms and conditions of their employment.
An employer cannot maintain a work rule that reasonably tends to chill employees in the exercise of that right.
What the NLRB did
The NLRB used this doctrine to invalidate the follow...(register to read more)