In an article by the Society for Human Resource Management (SHRM) covering how employers are dealing with manners and civility (or the possible lack thereof) in the workplace, Phil Wilson commented on the NLRB approach to these issues. He noted that if an employer handbook contains rules promoting civility, restricting employees’ use of social media, or restricting criticism, negative comments, and disparagement of the company’s management, products, or services, “It’s likely that the NLRB general counsel won’t have much trouble proving that employer rules such as those listed above have a reasonable tendency to chill employees from exercising their NLRA rights.”
In such cases, an employer’s rule will likely be deemed unlawful.
