NLRB Majority: Employer May Continue “No Recording” Rule, Even After Unlawfully Applying it to Single Employee

In AT&T Mobility LLC , 370 NLRB No. 121 (2021), the NLRB the vast majority (Associates Ring and Emanuel) held that the Employer could lawfully manage a place of work plan prohibiting its personnel from recording discussions with their co-personnel, professionals or 3rd-events, even even though its software in one particular individual circumstance was uncovered illegal. Notwithstanding the simple fact that the rule had been applied unlawfully, the Board the vast majority concluded that the plan itself was lawful under Boeing Co., 365 NLRB…
By: Proskauer – Labor Relations