NLRB upholds facility's workplace rules.

The federal National Labor Relations Board (NLRB) has upheld the right for a nursing home to set workplace policies as long as they don't interfere with employees' right to unionize. In a 3-2 decision, the NLRB stated that a LTC facility's rules prohibiting abusive and profane language; verbal, mental, and physical abuse; and harassment are lawful, and do not interfere with employees' rights to unionize as granted under Section 7 of the National Labor Relations Act. The board members who did not agree with the majority's decision said the facility's ill-defined rules could cause employees to steer clear of voicing disagreement with their terms and conditions of employment or vigorously attempting to organize skeptical workers. The dissenting members argued that the facility's rules should be more specific: "Although we agree with our colleagues and the District of Columbia Circuit that employers have a legitimate interest in protecting themselves by maintaining rules that discourage conduct that might result in employer liability ... that interest is appropriately subject to the requirement that employers articulate those rules with sufficient specificity that they do not impinge on employees' free exercise of Section 7 rights." The majority, however, said that where, as in this case, the rule does not refer to Section 7 activity, was not adopted in response to organizational activity, and had never been enforced to restrict Section 7 activity, "we will not conclude that a reasonable employee would read the rule to apply to such activity simply because the rule could be interpreted that way."

For more on the NLRB's decision, visit www.nlrb.gov/nlrb/press/releases/r2546.htm.