Freedom of Association Provision Does Not Save Overbroad Access Restrictions or Handbook Rules: NLRB | Practical Law
In First Transit, Inc., the National Labor Relations Board (NLRB) held that an employer violated Section 8(a)(1) of the National Labor Relations Act (NLRA) by interfering with its off-duty employees' organizing efforts on the employer's premises and promulgating several unlawfully overbroad employee handbook provisions. The NLRB found that the handbook's "freedom of association" clause failed to save the overbroad provisions, especially since the employer's separate unfair labor practices (ULPs) undermined promises that it made in that clause.