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DTCI: Beware of overly broad media policies

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gesslingBy Joshua B. Gessling

The National Labor Relations Board continues to be very active in evaluating employee handbook provisions that may affect the rights of union and nonunion employees to engage in protected, concerted activity under Section 7 of the National Labor Relations Act.

A three-member panel recently issued its decision in DirecTV U.S. DirecTV Holdings LLC and struck down several of the company’s employee handbook provisions. The NLRB declared the employer’s media policy, which prohibited employees from contacting the media, to be overly broad and unlawful because it could be reasonably construed by employees to limit the Section 7 right to discuss labor disputes with media. Consistent with several other recent decisions, the NLRB found that the employer’s policy made no attempt to distinguish between protected and unprotected activity. Furthermore, the employer’s policy required that employees obtain authorization from the employer before making comments regarding the employer to media. The board found this requirement to be unlawful, holding that the employer may not require an employee to obtain permission to engage in protected, concerted off-duty activity.

The NLRB also struck down the employer’s handbook provision on the employer’s confidentiality rules, which prohibited employees from discussing details about the job, company business or projects with anyone outside the company. The board found this provision to be unlawful because employees could reasonably understand the rule to prohibit employees from discussing wages and other terms and conditions of employment. The board also believed the employer’s rule could be reasonably understood to prevent employees from communicating with union representatives, NLRB agents or other governmental agencies regarding workplace issues, which provided an additional basis for its determination.

Employers should evaluate internal policies and employee handbooks to ensure that all company rules are consistent with legal developments. For additional information on how DirecTV U.S. DirecTV Holdings LLC affects your media, confidentiality and other employee handbook provisions, contact this author or a member of the Labor and Employment Group at Kahn Dees Donovan & Kahn LLP.•

Mr. Gessling is an associate in the Evansville office of Kahn Dees Donovan & Kahn LLP. The opinions expressed in this article are those of the author.

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  1. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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