Confidentiality Policy

Continuing a recent trend, the National Labor Relations Board (NLRB) has found another employer’s confidentiality/information security policy to be in violation of the National Labor Relations Act (NLRA), based on its determination that the policy could have had a chilling effect on the exercise of employees’ Section 7 rights to discuss the terms and conditions of their employment.
Continue Reading Another Employer Confidentiality Policy Held Unlawful by the NLRB

Regardless of whether your workforce is non-union or union, your workplace policies and rules may be in violation of the National Labor Relations Act (NLRA). If employees could reasonably construe a policy as restricting their right “to self-organization, to form, join, or assist labor organizations . . . and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection . . .,” the policy could violate Section 7 of the NLRA. A recent decision issued by the U.S. Court of Appeals for the Fifth Circuit in Flex Frac Logistics LLC, et al. v. National Labor Relations Board held that a non-union employer’s confidentiality policy violates Section 7 of the NLRA. Flex Frac Logistics LLC (Flex Frac), which was a joint employer with another non-union entity, operated a non-union trucking company in Fort Worth, Texas. Flex Frac employees were required to sign an at-will employment agreement that contained a confidentiality rule prohibiting disclosure of confidential information, including “financial information, including costs, prices” and “personnel information and documents.”
Continue Reading Fifth Circuit Holds Non-Union Employer Confidentiality Policy Violates the NLRA