In the waning days of the Trump administration, the NLRB issued a decision in Medic Ambulance Services, Inc., which upheld an employer’s handbook rules challenged as infringing on protected concerted activity under the National Labor Relations Act. In a rare move by the Trump Labor Board, however, the Board also found that certain parts of the handbook did violate the NLRA. The Board upheld the employer’s social media policy, reversing the ALJ’s ruling, finding that rules prohibiting inappropriate communications, disclosure of confidential information, and use of the company’s name to disparage people, or post photos of coworkers, were lawful. The Board agreed though that the employer’s rule prohibiting employees from “solicitation or distribution of literature for any purpose during working hours without prior authorization from management” was overly broad. To read more about this decision, see our Alert.
As noted above, big changes are expected from Biden Labor Board, particularly around issues of protected concerted activity. We will keep you posted as these changes occur.