Newly Released NLRB Memos Address Handbook Policies

December 26, 2018

The National Labor Relations Board (NLRB) has concluded that a healthcare employer’s "Commitment to My Co-workers" document was a lawful "civility rule" and that the employer did not violate the National Labor Relations Act (NLRA) by requiring employees to sign it or by terminating an employee for refusing to do so. The NLRB also found prohibitions on the use of cell phone cameras and employees speaking on the employer’s behalf on social media to be lawful. On the other hand, a portion of the employer’s privacy policy restricting employees from disparaging the employer online (while blogging outside the hospital) violated the NLRA. In addition, a prohibition on the use of the employer’s email for all purposes during non-work time violated the NLRA. SESCO has a long history of ensuring employers are compliant with the NLRA; as such, if employers have questions about whether policies or practices are compliant with current NLRB rules and case holdings we recommend they contact SESCO.