September 25, 2022

Volume XII, Number 268

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September 23, 2022

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September 22, 2022

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National Labor Relations Board (NLRB) At It Again: Another Confidentiality Policy Bites the Dust

The NLRB has struck down another confidentiality policy.

In this particular case, the company fired an employee based upon its good faith belief that the employee improperly accessed company files to ascertain the salary information for a company executive and then shared that information with co-workers. The Board rejected the company’s basis for termination and upheld the ALJ’s conclusion that the misconduct had not taken place. Rather, the Board found that an employer’s handbook policy which stated that: “dissemination of confidential information within [the company], such as personal or financial information, etc., will subject the responsible employee to disciplinary action or possible termination” was overbroad and in violation of the employee’s Section 7 rights. Accordingly, the Board ordered the employer to rescind the policy and reinstate the employee with backpay.

This case (full decision found here) is another powerful reminder for employers to review their handbook policies in light of the Board’s active agenda and focus on employer policies.

© 2022 BARNES & THORNBURG LLPNational Law Review, Volume IV, Number 43
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About this Author

Adam Bartrom Employment Attorney
Partner

Adam Bartrom represents management interests in employment and labor law matters. He defends clients in litigation, and designs strategic plans and best practices in his work with business owners, executives and human resource management. Adam is dedicated to ensuring that his clients understand the rapidly changing employment environment, adhere to the law and protect themselves at every turn.

Adam’s experience includes comprehensive legal counsel in a wide variety of labor and employment areas under the NLRA, FMLA, ADA, ADEA and Title VII, including labor relations grievances and...

260-425-4629
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