Regulating Civility in the Workplace Does Not Impede Employees’ Rights
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Regulating Civility in the Workplace Does Not Impede Employees’ Rights

The National Labor Relations Board (NLRB) found certain workplace rules instituted by T-Mobile designed to promote civility violated the National Labor Relations Act (NLRA) by prohibiting employees from exercising unionizing rights. The Fifth Circuit disagreed finding the rules designed to foster a positive work environment were not susceptible to the construction that they were designed to curb employees’ rights to advocate for better working conditions. Likewise, T-Mobile’s acceptable use policy regarding non-public information was not an unfair labor practice. However, the court did find the employer's policy prohibiting all photography and audio or video recording on corporate premises at any time without permission from a supervisor was an unfair labor practice as it could be perceived as a ban on protected activity.

T-Mobile USA Incorporated v National Labor Relations Board