ILNews

DTCI: Beware of overly broad media policies

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

ADVERTISEMENT