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National Labor Relations Board › Code of Conduct

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Jackson Lewis P.C.

NLRB Reminds Employers Importance of Applying Consistent Discipline Policies in Workplace

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Noting the employer did not have an employee code of conduct policy prohibiting the use of derogatory language, the National Labor Relations Board (NLRB) held an automotive dealership violated the National Labor Relations Act...more

Paul Hastings LLP

5 Business and Human Rights Sleeper Issues

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Business and human rights is continuing its steady march toward becoming a business imperative. There are sweeping new or proposed laws focused on human rights, such as the EU’s Proposal for a Directive on Corporate...more

Foley & Lardner LLP

Board’s New Standard Paves Way for Employers to Address Potty-Mouthed Employees

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What is an employer to do when an employee makes profane or offensive speech in the context of a union-management meeting? On July 21, 2020, the National Labor Relations Board issued a decision that supports a private...more

Pullman & Comley - Labor, Employment and...

Silence is Golden in Apogee Retail: The NLRB Affirms Employers’ Right to Require Confidentiality in Workplace Investigations

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In what can be considered a triumph for common sense, the National Labor Relations Board [“NLRB” or “Board”] recently issued a decision in Apogee Retail LLC d/b/a Unique Thrift Store, 368 NLRB No. 144 (2019), upholding an...more

Sheppard Mullin Richter & Hampton LLP

Deputy Lawyer; WGA Tries Preemption Route in ATA Dispute

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The ongoing dispute between the Writers’ Guild of America (“WGA”) and the Association of Talent Agencies (“ATA”) took a new turn recently when the WGA announced that it would use the authority granted to it under the National...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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European antitrust authorities have delivered a stinging rebuke to Google in the form of a $5.1 billion penalty over its Android operating system practices. The sum displaces last year’s $2.7 billion fine, also against...more

Burr & Forman

4th Circuit sets a match to battalion chief's First Amendment claims

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Lately, we’ve been seeing more cases in which public-sector employees accuse their governmental employer of violating the First Amendment to the U.S. Constitution. Such claims can arise in many ways, but with the...more

Ruder Ware

Collegiality in the Workplace – Not Authorized by NLRB

Ruder Ware on

Collegiality in the workplace is the goal of every employer in order to provide the proper atmosphere for productive employees. Many employers have taken this desire to heart by publishing rules that encourage collegiality...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Strikes Healthcare Facility Conduct Rules

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The National Labor Relations Board (NLRB) has provided clear signals that the unique, patient-centric environments of general hospital and medical centers—and even surgical services and perianesthesia departments—will not...more

Parker Poe Adams & Bernstein LLP

NLRB Again Rejects Employer Code of Conduct Provisions Requiring Positive Coworker Relations

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Last month, the National Labor Relations Board continued its rejection of employer conduct policies intended to promote harmonious and productive working relationships among employees. In T-Mobile USA, Inc., unionized...more

Parker Poe Adams & Bernstein LLP

NLRB Rejects General Employee Behavior Standards in Code of Conduct

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The National Labor Relations Board continues its assault on employer handbooks and other policies it considers to impede employees’ rights to engage in protected concerted activity under Section 7 of the NLRA. Last month, the...more

Mintz - Employment, Labor & Benefits...

Work Rules Hanging in the Balance? NLRB Dissenter Proposes Balancing Test Blueprint for Work Rule Challenges, a Significant...

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Earlier this month, the NLRB struck down a couple of facially-neutral workplace civility rules in an employer’s Code of Conduct. Ho hum, business as usual. What is fascinating, however, about this otherwise unremarkable...more

Mintz - Employment, Labor & Benefits...

Why Getting Handbooks Right Matters: NLRB Judge Holds Verizon’s Restrictions on Employee Communications During Non-Working Time...

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Despite previous NLRB rulings telling them to stop, some employers continue to impose broad prohibitions on personal employee communications over company email. As an administrative law judge recently reminded us, failing to...more

Akerman LLP - HR Defense

The NLRB Expands Its Reach in the Non-Union Workplace

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The National Labor Relations Board continues to infiltrate the workplace even where there are no unions. Standard workplace policies — including those relating to employee conduct, protecting intellectual property, use of...more

McGuireWoods LLP

NLRB’s Do’s and Don’ts of Employer Handbooks: Part 2 Conduct Toward Coworkers and Third Parties

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On March 18, 2015, the National Labor Relations Board (NLRB) Office of the General Counsel released a 30-page memorandum providing guidance on employer rules and handbooks. The memorandum further solidified the NLRB’s...more

Parker Poe Adams & Bernstein LLP

NLRB Turns Its Attention to Corporate Codes of Conduct

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Over the past few years, EmployNews has chronicled the National Labor Relations Board’s efforts to declare routine employee handbook policies in violation of the NLRA’s prohibition against restrictions on employees’ ability...more

Allen Matkins

Really? Requiring Someone To Use Information “Fairly And Lawfully” Can Be Illegal?

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Companies have lots of very good reasons for adopting codes of conduct. These reasons include: - Ensuring compliance with applicable exchange listing rules (e.g., NYSE Rule 303A.10 and NASDAQ Rule 5610); -...more

Downs Rachlin Martin PLLC

NLRB Strikes Down Hospital's Rule Prohibiting Negativity and Gossip Among Employees

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In its continuing trend to foray into non-union workplaces, the National Labor Relations Board (“NLRB” or the “Board”) struck down another neutral and common employment policy. On April 1, 2014, in Hills and Dales Gen....more

Franczek P.C.

NLRB Finds That Employer Unlawfully Disciplined Employees For Their Use Of The Employer’s Email System, But Upholds Employer’s...

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In California Institute of Technology Jet Propulsion Laboratory, the National Labor Relations Board affirmed a split ruling regarding the employer’s alleged discriminatory conduct and employee conduct policy. The NLRB first...more

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