By Cameron G. Shilling (originally published 10/5/2011)
The “mere maintenance” of a policy or practice that tends to chill employees’ exercise of their right to engage in concerted activity violates the National Labor Relations Act (Act), according to the National Labor Relations Board (NLRB) in
Lafayette Park Hotel. Thus, if the policy or practice “explicitly restricts activities protected” by the Act, it is unlawful. In addition, as the NLRB found in
Lutheran Heritage, even if the policy or practice does not do so, it still is unlawful if any one of the following is true:
- Employees would reasonably construe the policy or practice to restrict or prohibit concerted activity.
- The policy or practice was promulgated in response to union activity.
- The policy or practice is applied to restrict protected concerted activity.
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