NLRB ALJ: Handbook Rule Forbidding Unfair Criticism and Instruction to Not Discuss Pending Misconduct Investigation Unlawful

On January 31, NLRB Administrative Law Judge Susan Flynn ruled that two provisions of a non-unionized hospital’s code of conduct unlawfully interfered with employees’ Section 7 rights.  The ALJ also deemed unlawful a hospital official’s oral instruction to an employee to not discuss with others on staff the hospital’s pending investigation of allegations that the employee had bullied her coworkers.  Case No. 07-CA-093885.

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