Employment Law Commentary -- March 2007


Employer Personnel Policies May Constitute An Unfair Labor Practice

Last month, a federal Court of Appeals held that an employer committed an unfair labor practice under the

National Labor Relations Act (NLRA) when it published a general confidentiality rule in its employee handbook.

This ruling was just the latest in a line of cases in which seemingly innocuous personnel policies were found to

violate the NLRA because they could reasonably be interpreted to interfere with the “Section 7” rights of

employees under that Act [ fn1] even though the policies were neither intended nor contemplated to have any

such effect.

This trend has ramifications for all employers — including those with an entirely non-union workforce. An employer who implements a policy that is deemed to violate the NLRA could be required to rescind or revise the policy and post a remedial notice. In addition, an employee who is terminated for violating a policy prohibited by the NLRA could potentially file an unfair labor practice charge with the National Labor Relations Board even if he is not a union employee and was not engaged in any effort to organize a labor union. Therefore, all employers should be aware of this hazard and take steps to avoid any employment policies or work rules that could be interpreted to violate the NLRA.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP | Attorney Advertising

Written by:


Morrison & Foerster LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.