Commentary by Labor & Employment chair Laurent Drogin was featured in a Human Resource Executive article on the National Labor Relations Board’s ruling on a case centered on the way Verizon Wireless maintained numerous handbook rules that were too restrictive on employee communications and behavior.
As the HRE article reports, the National Labor Relations Board upheld a 2015 decision by an administrative law judge in its San Francisco branch, in Cellco Partnership d/b/a Verizon Wireless, where an employee filed an unfair labor practice charge alleging five provisions of the company's code of conduct unlawfully interfered with the right of employees to engage in concerted activity in violation of the National Labor Relations Act.
Laurent notes, "The NLRB has taken many garden-variety and innocuous employment policies and asked whether the employees might 'reasonably construe' them as limiting their Section 7 rights.” He adds, “The board's view of how an employee might 'reasonably construe' a policy has been carried to an illogical place."
Read the full article here.
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