Split NLRB Nixes Train Repair Co.'s Nondisparagement Rule

Law360 (July 20, 2020, 7:30 PM EDT) -- A divided National Labor Relations Board panel said a train repair company violated federal labor law by blocking workers from bad-mouthing the company even among each other, and found the company tainted a vote to oust its workers' union, vacating the union's narrow loss.

NLRB Chairman John Ring and member Marvin Kaplan on Friday said Union Tank Car Company's ban on disparaging the company or managers to "customers or employees" unjustly blocks workers from voicing complaints, reversing an agency judge's decision. The panel also wiped out a 55-54 vote to decertify the International Association of Sheet Metal, Air, Rail and Transportation...

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