Déjà vu all over Again: NLRB Rejects Employer's Handbook Policies

You may have noticed that the NLRB has been coming down pretty hard on employment policies, practices and handbooks lately. They've added yet another decision to the arsenal this past month. 

In this particular case, Boch Imports, Inc. (April 20, 2015), the NLRB concluded that the employer violated the National Labor Relations Act by implementing and maintaining numerous provisions in its 2010 employee handbook. 

Here, the employer's social media policy required employees to identify themselves when posting comments about the company, its business, or a policy issue. It also prohibited employees from using the company's logo in any manner. 

The NLRB found that this policy interfered with the employees' Section 7 protected activity rights. The Board also found that the employer failed to demonstrate special circumstances justifying its overly-broad dress code policy, which prohibited employees from wearing pins, insignia, or other message clothing. 

The interesting thing here, however, was the fact that the employer updated and issued a new handbook in May 2013. The Board found the revisions were nevertheless inadequate in the absence of notice to the employees that the company would not interfere with their Section 7 rights. 

One member of the panel dissented in part, finding the employer effectively repudiated its unlawful rules by its issuance of a new handbook. 

This decision proves as a warning to employers that even a good faith attempt to correct an unfair labor practice charge does not amount to effective repudiation. It's a good idea to consult with counsel to ensure that reissuance of any policies, procedures, or handbooks is performed properly and timely.