NLRB Finds the Posting of an Employer Memo Referencing “Dignity and Respect” and Its Lawful Workplace Violence Policy to be an Unfair Labor Practice

In continuing to apply strict scrutiny to workplace communications, the Board in a 2-1 panel decision recently held that an employer acted unlawfully by posting a memorandum shortly after a union election, urging employees to treat each other with “dignity and respect” and reiterating its workplace violence policy, even though the policy itself was lawful and the memorandum expressly acknowledged employees’ Section 7 rights. Care One at Madison Avenue, 361 NLRB No. 159 (Dec. 16, 2014).

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