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Negative Attitude in the Workplace? NLRB Says It Can Be Outlawed



Copper River of Boiling Springs, LLC - NLRB

Facts:  Autumn Ballew and other fellow employees filed unfair labor charges against the employer, Copper River.  The unfair labor charge relative to this discussion was the claim that Copper River violated the National Labor Relations Act (NLRA) when it implemented a rule in its handbook that prohibited its employees from "displaying a negative attitude" when interacting with coworkers and customers.
 
Holding:  The NLRB Board held the language in the handbook was not in violation of the NLRA and upheld the administrative law judge's ruling.  Under Section 8(a)(1) of the NLRA, a workplace rule which "explicitly restricts" an employee's exercise of protected concerted activity is unlawful.  In this case however, the Board found that the language in the handbook applied only to unprotected conduct that interfered with Copper River's "legitimate business concerns." 

Date:  February 28, 2014

Opinion:  http://www.nlrb.gov/case/10-CA-085934

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