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ARTICLE · 31 MARCH 2016

Recent NLRB Developments Of Which All Employers Should Be Aware

Duane Morris LLP
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The decision by the National Labor Relations Board in Whole Foods Market, Inc. and the Board's encouragement of virtual organizing by unions are developments of which all employers should be aware.

United StatesEmployment and HR
Duane Morris
Duane Morris
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The decision by the National Labor Relations Board ("the Board") in Whole Foods Market, Inc. and the Board's encouragement of virtual organizing by unions are developments of which all employers should be aware.

Board Invalidates Employer Rules Prohibiting Audio or Video Recording in the Workplace

In Whole Foods Market, Inc., the Board reversed the administrative law judge and held the company's policies prohibiting recording in the workplace violated Section 8(a)(1) of the Act. The company maintained two rules that were the subject of the case.

The first rule stated:

In order to encourage open communication, free exchange of ideas, spontaneous and honest dialogue and an atmosphere of trust, Whole Foods Market has adopted the following policy concerning the audio and/or video recording of company meetings:

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