Guardsmark, LLC v. National Labor Relations Board
Feb 02, 2007OUTCOME: D.C. Circuit upheld in part, dismissed in part
Board found that two of petitioner's work rules-one requiring that employees register their complaints only through the chain of command and the other barring solicitation-violated the National Labor R ... elations Act. The Board found that a third rule-barring “fraternization”-was lawful because the Board thought employees would not reasonably interpret it to interfere with protected activities, a ruling the union now challenges. Concluding that the Board faithfully applied its case law to the chain-of-command and solicitation rules, D.C. Circuit denied the employer's petition for review. But because the Board's decision with respect to the fraternization rule was unreasonable, D.C. Circuit granted the Union's petition.
