LAW 310 Lecture Notes - Lecture 49: National Labor Relations Board, Costco

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Employer"s property rights at workplace include right to control access to premises. Must have valid workplace purpose: ensuring worker safety, maintaining efficient operation of the business, must be applied uniformly to all soliciting, can"t just be added to union activities. May be limited to nonworking areas: cafeterias, restrooms, parking lots. In absence of exceptional circumstances: blanket prohibitions on soliciting have been held unreasonable, in violation of section 8(a)(1) Employers have right to restrict use of: company bulletin boards, telephones during working time, company email systems. Employer may not enforce such rules in discriminatory manner to exclude/restrict union activities: employer social media policies & limitations on employees". Northeastern land services, inc. v. nlrb: u. s. court of appeals for the 1st circuit, upheld nlrb decision that employer rule prohibiting employees from discussing terms of employment (compensation) under penalty of dismissal was prohibited.

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