This Week's Erosion of Section 7 Rights

The NLRB recently issued a decision in Fiesta Hotel Corp. d/b/a Palms Hotel and Casino (28‑CA‑17853; 344 NLRB No. 159) (see the bottom of the weekly summary). The Board found that the employer had violated one employee's Section 7 rights by interrogating him, threatening him with discharge, etc etc. You know the routine.

But the Board also found that a "ambiguous" Standards of Conduct rule maintained by the employer was not unlawful. Member Liebman noted:

Today’s decision threatens to allow employers to take advantage of the chilling effects of ambiguous rules. To the extent that protected activity is discouraged this way, the employer need never issue an explicit prohibition against it or engage in retaliation after the fact. The result, of course, is every bit contrary to the Act’s goals. Accordingly, I dissent.

This is the essence of employers' anti-union tactics. While there are plenty of employers willing to be outright threatening, more can rely on the application of "ambiguous" rules that result in intimidation and discipline for union activity. Wilma Liebman must feel like she is just shouting down a well. By the way, for the next few weeks/months, Liebman and Battista will be a two-person Board quorum, since Schaumber's term has expired. Let's hope Liebman does not take a vacation until the next Democratic president is elected.