NLRB Finds that Employer Violated NLRA With Its Prohibition of Recording by Employees

Friday, March 18, 2016

The National Labor Relations Board found that Whole Foods violated Section 8(a)(1) of the National Labor Relations Act by prohibiting employees from recording in the workplace without prior management approval rule is considered to violation Section 8(a)(1) if it would reasonable chill employees in their exercise of Section 7 rights.  Whole Foods Market Group, Inc., (December 24, 2015).  

In this case the Board determined that the rule at issue would prohibit the recording of conversations, phone calls, images or company meetings with a camera or recording device without prior approval by management.  The Board ruled that the photography and audio or video recording are protected Section 7 activity if the employees are acting in concert for their mutual aid and protection and no overriding employer interest is present.  Because the Board found that the employer was engaged in an unfair labor practice as defined by Section 8(a)(1), Whole Foods was ordered to rescind its recording rules.  

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