U.S. Labor Board strikes down work
rule prohibiting off-duty employee
access to company property
Publication Date: 6 June ...
2
solely with respect to the interior of the facility and other working areas; (2)
is clearly disseminated to all employee...
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U.S. Employer's ability to restrict off duty employee access to property limited

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The National Labor Relations Board has held that an employer violated U.S labor law when it implemented and enforced a policy restricting off-duty employee access to its property without prior supervisor authorization. What does this mean for your business? Adam Dougherty and Suheily Davis from Ius Laboris US member FordHarrison explain.

Originally posted on the Ius Laboris Knowledge Base: www.globalhrlaw.com

Published in: Recruiting & HR
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U.S. Employer's ability to restrict off duty employee access to property limited

  1. 1. U.S. Labor Board strikes down work rule prohibiting off-duty employee access to company property Publication Date: 6 June 2014 | Author(s): Adam Dougherty, adougherty@fordharrison.com, Suheily Davis, snatal@fordharrison.com Member Firm(s): FordHarrison Country: United States Executive Summary: The National Labor Relations Board (the NLRB or Board) has held that an employer violated U.S labor law when it implemented and enforced a policy restricting off-duty employee access to its property without prior supervisor authorization. See American Baptist Homes of the West d/b/a Piedmont Gardens and Service Employees International Union, United Healthcare Workers-West, (May 1, 2014). Background The issue came to a head after a union representative attempted to meet with two off-duty employees in the employee break room. The two employees subsequently were sent home for showing up to the meeting in violation of the rule. The collective bargaining agreement between the employer and union allowed union representatives to visit the employer’s property at reasonable times as long as the representative met with employees during their free time and in non-work areas. Despite this agreement, the employer implemented a rule restricting access to its property by off-duty employees without prior supervisor approval and posted a notice stating that “the union is not permitted to hold meetings in the employee break room.” The Board found the employer’s no-access rule to be unlawful because it gave management unlimited discretion to decide when and why employees may access the property. The Board ordered the employer to withdraw the policy and to post a notice informing employees of the Board’s decision and explaining the steps taken to rectify the violation. What does this mean for my business? If the needs of your business require a policy restricting off-duty access to your property, ensure that this policy applies to all employees, regardless of the purpose of their visit. Based on the Board’s decision in this case, a rule restricting such access will be held valid only if it: (1) limits access
  2. 2. 2 solely with respect to the interior of the facility and other working areas; (2) is clearly disseminated to all employees; and (3) applies to off-duty employees seeking access to the facility for any purpose. Originally posted on the Ius Laboris Knowledge Base: www.globalhrlaw.com About Ius Laboris Ius Laboris is an alliance of law firms offering employers cross-border employment and pensions law advice. It has 1,300 specialist HR lawyers in over 150 cities and 44 countries. Ius Laboris offers access to the best local HR law experts in one global team with 20% more ranked employment lawyers (Chambers & Partners, November 2013) than any other global HR legal services organisation. Further, Ius Laboris has 50% more recommended lawyers than its nearest rival in a recent survey in PLC's employment law guide. Clients include many household names as well as multinational companies in all sectors ranging from energy, retail and technology to pharmaceuticals. For more information on Ius Laboris, please visit iuslaboris.com.

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