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Responding with an unjust industrial action complaint to the NLRB, Garza claimed that her former employers retained too wide and too-discriminatory rules in breach of Section 8(a)(1) of the NLRA. "There is no question that these limitations would significantly impede workers in exercising their Section 7 rights," he concludes.
With regard to the non-discrimination section, the ALJ noted that a "reasonable worker could find that the bans included in the agreement" would limit his right to criticise the employers and their produce, which workers are permitted to do within certain boundaries. Board confirmed the ALJ and recommended Quicken to repeal the whole non-disparagement requirement.
Concerning Proprietary/Confidential, the Board also approved that the provisions should be repealed, but took a few moments to disapprove of Quicken's wide delineation of such information. "The Board has determined that regulations that prohibit an employee from revealing this kind of employee information contravene Section 8(a)(1) of the Act," it stated.
However, by using a manual supplement for current staff until a new edition of the Memorandum of Understanding was published, the Board of Directors enabled the Board to reduce costs and inform staff about their NLRA entitlements. Click here to view the Management Board's fast-track loan decisions.
In the interests of workers, the Board of Directors is continuing its vigorous effort, as the fast-track loan ruling shows, by taking a look critically at all employers' documentation - not only manuals and declarations of principle, but also contracts of service. As to whether the review of the court will confirm the Management Board's ruling, it has yet to be decided.
Meanwhile, in the meantime, employers should check all their records for compliance with recent Board decisions, in particular with regard to the development of a privacy statement within the permitted limits of Section 8 of the NLRA.