NLRB Sets Aside Election Results Due To Overbroad Work Rules

In an unpublished decision (Blommer Chocolate Co. of California, LLC, Case No. 32-RC-131048) issued on February 17, the NLRB set aside the results of an election in which the tally of ballots was 18 for and 50 against the union, reasoning that the employer had maintained three overbroad work rules that "could reasonably have affected the outcome of the election."

The work rules at issue, which were contained in the employee handbook, were: (1) a confidentiality rule that prohibited employees from disclosing employee lists; (2) a computer use rule that allowed employees to use their work computers for personal uses but prohibited them from expressing personal opinions; and (3) a prohibition on employee use of the company name and logo.