Monday, January 24, 2011

SALON/SPA AT BORO, INC, 356 NLRB No. 69 (2010)



Sorry, no exciting Atlantic Steel moments, but this is an interesting protected concerted activity case.  It takes place in an environment not often seen in NLRB volumes: a salon.

A policy against negativity was the "philosophy and vision" of its owner who strove to retain guests by eliminating negative vibes.  The policy actually seemed to lead to more negativity as there were constant accusations that employees and supervisors were being Negative Nelly's.   Witch hunts to find out who was being negative ensued.  Ultimately, the policy and its application were found to be unlawful.  Not featured in my clip, the ALJ addressed a little bit of facebook policy, and so it's a must read for those looking for clues into the future analysis of the NLRB on social media.  Full decision here.

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