We previously reported that a National Labor Relations Board Administrative Law Judge found that an employer violated the National Labor Relations Act by implementing a "no gossip" policy and firing an employee who violated the policy.
Not surprisingly, the Board has affirmed that decision (pdf). We say it's not surprising because the Board's assault on employer policies has been ongoing and highly publicized over the past few years.
Suffice to say, employers must be sure to carefully craft policies to ensure compliance with the Act. In addition, employee disciplinary decisions should be closely scrutinized to ensure claims under the Act are not triggered.