T-Mobile USA, Inc. v. NLRB

T-Mobile challenged the Board's determination that four provisions from its employee handbook violated the National Labor Relations Act because they discouraged unionizing or other concerted activity protected by the Act. Provision (1) encouraged employees to maintain a positive work environment; (2) prohibited arguing or fighting, failing to treat others with respect, and failing to demonstrate appropriate teamwork; (3) prohibited all photography and audio or video recording in the workplace; and (4) prohibited access to electronic information by non-approved individuals. The Fifth Circuit held that the Board erred in finding that a reasonable employee would construe policies (1), (2), and (4) to prohibit protected activity. However, the court agreed with the Board's finding that a reasonable employee would construe policy (3) to prohibit protected activity. Accordingly, the court granted in part and denied in part the petition for review. View "T-Mobile USA, Inc. v. NLRB" on Justia Law