Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: employer policies

NLRB Says Portions of Hospital Policy on Dress and Grooming Standards Invalid

Posted in Employee Handbooks
Recently, the NLRB held in a 2-1 decision that a California hospital’s policies barring employees from wearing unapproved pins or badge reels violated the NLRA.  Interestingly, the NLRB did not cite its new Boeing test in either the majority or dissenting opinions. At issue were two hospital policies impacting the wearing of union insignia. The… Continue Reading

Employee Handbooks: The NLRB Pendulum Swings Back Toward Common Sense And Workplace Civility

Posted in Employee Handbooks
The NLRB has recently brought a measure of common sense back to its review of employer policies, including employee handbooks. Since 2004, as a result of the NLRB’s Lutheran Heritage Village-Livonia decision, many facially neutral workplace rules and handbook policies have been held to be an unlawful interference with employees’ rights protected by the NLRA.… Continue Reading

Employer Access Policy Lawful, But Unlawfully Applied

Posted in Employee Discipline, NLRB
A recent NLRB decision hit on two issues of potential interest to labor professionals. The first, covered in today’s post, involved an employer policy on off-duty employee access to the employer’s property. It is another good example of the NLRB’s relentless scrutiny of employer policies, although this time with a slightly more favorable outcome for… Continue Reading

Employers Must Allow Employees to Use Employer Owned and Operated Email Systems for Union Organizing

Posted in NLRB, Union Organizing
Since 2007, as a result of the NLRB’s Register Guard decision, an employer could lawfully limit the use of its email system by employees for certain non-business related activities, assuming that it applied the rule non-discriminatorily.  On December 10, 2014, in a 3-2 decision, the NLRB reversed the old rule established in Register Guard and… Continue Reading

Are There Any Policies I Can Keep in My Employee Handbook? NLRB Continues Tearing Apart Well-Intentioned Employer Policies

Posted in NLRB
By Nelson Cary and Ashley Manfull On the heels of last month’s NLRB decision in Costco Wholesale Corp., 358 N.L.R.B. No. 106 (Sept. 7, 2012), an administrative law judge (“ALJ”) for the NLRB has issued a new opinion finding portions of an employer’s social media policy unlawful, and directing the employer to remove other policies. … Continue Reading

NLRB Continues Its Focus on Employer Handbooks

Posted in NLRB
By Nelson Cary and Ashley Manfull Employers beware. The NLRB remains very interested in what you say in your employee handbook or other written policies and procedures. Its most recent decision even dipped its toe into the much publicized social media world, but didn’t directly confront a “social media policy” of the type the AGC has issued… Continue Reading

A Moment of Clarity: Third Report on Social Media Provides Employers with a Policy Deemed Entirely Lawful

Posted in NLRB
By Nelson Cary and Ashley Manfull In an extremely significant report concerning social media cases, issued on May 30, 2012, the NLRB’s Acting General Counsel (AGC) has provided more guidance to employers with social media policies.  Perhaps the most helpful information for labor professionals comes at the end of the 22 page report (pdf). In concluding… Continue Reading