On January 28, the National Labor Relations Board issued a decision holding that four company policies restrict employee rights under the NLRA.
The problematic policies include a handbook communications provision stating "do not contact the media" and a corporate public relations policy stating "Employees should not contact or comment to any media about the company unless pre-authorized by Public Relations". The NLRB reasoned that, the policies were overbroad and prohibited employees from engaging in protected communications to the media regarding a labor dispute. The agency also took issue with a policy directing employees to forward all inquiries from law enforcement to the security department, asserting that the rule would lead reasonable employees to conclude that they should contact the security department before cooperating with a Board investigation or making contact with other law enforcement officials about wages, hours and working conditions. The NLRB also found fault with a confidentiality provision instructing employees to never discuss details about their jobs, company business or work projects with anyone outside the company, and to never give out information about customers or employees, including employee records. Such language, according to the agency, would reasonably be understood to restrict discussion of employee wages and other terms and conditions of employment. Read more.