Jackson Lewis has posted an analysis of the National Labor Relations Board’s latest decision in Flex Frac Logistics, LLC, 360 NLRB No. 120 (2014). In this decision, the Board determined that it was lawful to discharge an employee for violating a confidentialty policy which the Board separately found was unlawfully overbroad under Section 7 of the National Labor Relations Act.
As the authors indicate:
Therefore, even if an employer’s policy or rule is found to violate the NLRA, all is not lost. That policy or rule still may be enforced, even to the point of discipline or discharge, as long as the conduct to which the enforcement is directed does not implicate Section 7 rights.