Notwithstanding the change in administrations, the National Labor Relations Board (NLRB) continues to be active in the non-unionized workplace, giving employers another reason to carefully review policies that affect workers, including those aimed at improving employer-employee relations. This week, an NLRB administrative law judge (ALJ) ruled that T-Mobile must dismantle its T-Voice employee committees, claiming the two-year-old groups are merely an unlawful, company-controlled "labor union."

In 2015, T-Mobile created a nationwide program called T-Voice to help address perceived problems and employee complaints in a structured fashion. T-Mobile provided financial support to T-Voice, including paid time off for selected employee representatives in support of the program.

In her analysis, the ALJ disagreed with T-Mobile's characterization of T-Voice as no more than a "suggestion box" and discredited much of the company's testimony. She stated that the company solicited and resolved "employee pain points and gave T-Voice credit for changes made." As such, the ALJ found that the T-Voice groups were labor organizations within the meaning of the National Labor Relations Act, and that T-Mobile unlawfully dominated T-Voice because the employer created it, supported it financially, and determined its purpose.

The ALJ found a separate unfair labor practice in T-Mobile’s promise to improve the terms and conditions of employment if employees submitted complaints via T-Voice during an ongoing union organizing campaign. In discussing the appropriate remedy for these violations, the ALJ ordered that T-Voice be disestablished.

Of critical importance for employers with similar programs is the fact that the ALJ's findings required no evidence of anti-union animus. Employers are encouraged to carefully review their employment practices from the standpoint of compliance with federal labor law—even when evaluating programs aimed at improving employees’ work environment.