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NLRB Law Memo 06/18/2008
by Ross Runkel at LawMemo

NLRB Law Memo 06/18/2008
by LawMemo - First in Employment Law.
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NLRB - Staff summarized 1 decision.

Tecumseh Packaging Solutions, Inc. (7-CA-49861; 352 NLRB No. 87) Tecumseh, MI June 2, 2008. 
http://www.nlrb.gov/shared_files/Board%20Decisions/352/v35287.htm

The Board reversed the administrative law judge's conclusion that the Respondent did not violate Section 8(a)(1) of the Act by maintaining a work rule that prohibited loitering on company property after working hours.  Citing Lutheran Heritage Village-Livonia, 343 NLRB 646 (2004), the Board found that employees could reasonably interpret the work rule as prohibiting Section 7 activity and, accordingly, the rule was overly broad, in violation of Section 8(a)(1).  The Board acknowledged that employers may have legitimate reasons for promulgating anti-loitering and similar work rules, and noted that its decision does not foreclose employers from adopting work rules that are narrowly tailored to address such legitimate concerns.

            (Chairman Schaumber and Member Liebman participated.)

Charge filed by Steelworkers; complaint alleged violation of Section 8(a)(1) and (5).  Hearing at Detroit on March 28, 2007.  Adm. Law Judge Karl H. Buschmann issued his decision July 16, 2007.

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