Labor Board Continues Its Focus On Handbooks And Work Rules

Two recent cases in the hospitality industry serve to emphasize the National Labor Relations Board's continuing focus on employer handbook policies and work rules. In Remington Lodging & Hospitality LLC, 359 NLRB No. 95 (Apr. 24, 2013), the Board held that five separate rules found in the employer's handbook violated the National Labor Relations Act as applied to employees who presented a petition to the hotel manager in the hotel lobby, in the presence of guests, and who later distributed leaflets on hotel property. The five rules in question stated that employees: (1) were to stay in their working areas while on duty, and not enter "other parts of the hotel, parking lots, or outside facilities without the permission of the immediate Department Head;" (2) were prohibited from distributing literature in "guest areas or work areas," and were prohibited from "solicitation of guests;" (3) were to avoid having any "conflict of interest with the hotel;" (4) were to