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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.
Also by email.
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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