5th Circ. Backs NLRB Rejection Of Co.'s Confidentiality Rule

Law360, New York (March 26, 2014, 7:18 PM EDT) -- The Fifth Circuit on Monday affirmed the National Labor Relations Board's decision that nonunion employer Flex Frac Logistics LLC violated federal labor law by maintaining a confidentiality policy that barred workers from discussing “personnel information” with anyone outside the organization.

In a published opinion, the appeals court concluded that the NLRB was not unreasonable when it found that employees could construe the policy as prohibiting the employees from discussing their wages, in violation of Section 7 of the National Labor Relations Act.

“Flex Frac’s contention that...
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