NLRB Clarifies Political Advocacy Rules

Law360 (July 30, 2008, 12:00 AM EDT) -- The National Labor Relations Board has clarified its political advocacy guidelines in response to employees who skipped a day of work in May 2006 to protest proposed immigration laws.

The NLRB's July 22 guidelines, which incorporate U.S. Supreme Court and board precedent, say that the National Labor Relations Act protects political advocacy when it relates specifically to job concerns.

But, the guidelines say, employers have the right through “neutrally applied work rules” to restrict employees from leaving work for political activities.

After the nationwide “Day Without Immigrants,” employers struggled over whether or not they could legally discipline absent workers while the...

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