Applied to employee duties, payroll or accounting records/practices, personnel policies/practices “…including all matters related to employees training, selection, discipline, and/or discharge.”
–Chilling effect on employees –An employee could reasonably interpret the policy to prohibit discussing wages/salary information, disciplinary/discharge policies
Talking about a person’s personal life when they are not present or about a person’s professional life without supervisor’s consent. Negative, untrue, or disparaging comments or criticisms of others Creating, sharing, or repeating (1) information that can injure a person’s credibility, (2) a rumor about another person or (3) a rumor that is overheard or hearsay.
Note: Similar policies have been approved “by including examples of clearly illegal or unprotected conduct.”
Board’s ruling: The policy was impermissibly overbroad.
Social Media Policy: Employees may not post information regarding Company, jobs, or other employees “which could lead to morale issues in the workplace or detrimentally affect the Company’s business.”
“In determining whether a challenged rule is unlawful, the Board must... [r]efrain from reading particular phrases in isolation.” Lutheran Heritage Village-Livonia, 343 NLRB 646 (2004)
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