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Expert Analysis

Personnel Policy May Constitute Unfair Labor Practice

Law360 (April 16, 2007, 12:00 AM EDT) -- Last month, a federal Court of Appeals held that an employer committed an unfair labor practice under the National Labor Relations Act (NLRA) when it published a general confidentiality rule in its employee handbook. This ruling was just the latest in a line of cases in which seemingly innocuous personnel policies were found to violate the NLRA because they could reasonably be interpreted to interfere with the "Section 7" rights of employees under that Act(1) even though the policies were neither intended nor contemplated to have any such effect....

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