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Because the rule addressed legitimate business concerns, as stated clearly in the rule, there was no basis for a finding that a reasonable employee would interpret the rule as prohibiting protected activity under the NLRA.
National Labor Review Board Reached Opposite Conclusion In 2015, the NLRB reviewed administrative law judge, Steven Davis', decision and came to the opposite conclusion.
Managers are then asked to do “walks” to see how well workers follow instructions.
The issue before the board was whether or not Whole Foods had violated Section 8(a)(1) of the NLRA by maintaining rules in its General Information Guide that prohibited recording in the workplace without prior management approval. The court stated that Section 7 of the NLRA guarantees employees protection to engage in activities for the purpose of collective bargaining.
The Board found that the rules in Whole Food's Guide may be construed by employees as prohibiting protected activities.
It applies to all areas of the store including the parking lot and the area in front of the store.
The vice-president also testified that an essential part of Whole Foods "core values" and "culture" is that employees have a voice and are free to "speak up and speak out" on many issues, work related or not.