Recently the National Labor Relations Board (the “NLRB”) determined that the handbook published by a large retailer (Costco) violated the rights of non-union represented employees. The handbook provisions which attempted to limit employee electronic communications to prevent damage to the company’s or another employee’s reputation were determined to have interfered with employee rights to “engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Increasingly, the NLRB has been seeking to protect the “concerted activity” rights of all workers, whether union-represented or not, by refusing to condone broad prohibitions as to the way in which employees share information about their jobs, their employers, and/or their co-workers. If you are an employer and have any questions or concerns about the NLRB’s increased activity in this area, please contact John B. Bechtol at 412.918.1115 for advice and assistance.
