Discharge, Overbroad Social Networking and Off-duty Access Policies Compel New Union Election: NLRB | Practical Law
In Durham School Services, L.P., the National Labor Relations Board (NLRB) affirmed an NLRB Administrative Law Judge's (ALJ) finding that the employer violated the National Labor Relations Act (NLRA) by terminating an employee because of her union organizing activities and to discourage her from voting in a union representation election. Further, the Board affirmed the ALJ’s finding that the employer unlawfully maintained overbroad off-duty access and social networking policies, which with the termination constituted objectionable conduct that warranted setting aside the results of the representation election that the union lost.