Tina Syring, a member of Cozen O'Connor's Labor & Employment department, wrote a follow-up article for Inside Counsel on the impact of the NLRB on non-union employers. In addition to the various tactics and policies implemented by the NLRB as previously discussed in Part 1, the Board declared it would aggressively scrutinize employers’ handbooks and policies for language that could deter employees from exercising their right to engage in “protected concerted activity” under Section 7 of the NLRA. This pronouncement has come to fruition in several different decisions by the Board over the past year. As a result, non-union employers (and union employers) should carefully review their policies and handbooks to minimize an attack by the Board. Specific areas in which employers’ handbooks are under scrutiny include social media, confidentiality and employee behavior policies.
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