Ban on ‘Personal Business' at Work Violates NLRA Rights
Casino Pauma, a casino operating on native land in California, is now adding another NLRA violation to its list of transgressions against employees attempting to organize. In a recent NLRB decision by administrative law judge Robert A. Giannasi, the Casino was charged with overly-broad restrictions on employee conduct in its manuals as employees were not allowed to carry out any “personal business” while at work. Giannasi found that this rule infringed on employees’ Section 7 rights and constituted an unfair labor practice under Section 8(a)(1) of the NLRA as the rule could be used to prevent workers from discussing unionizing and engaging in protected activities at their workplace during non-working hours. This decision comes in light of the Casino’s past charges of banning the use of union paraphernalia at work and interfering with union organizing.
See "Ban on ‘Personal Business' at Work Violates NLRA Rights", Lawrence E. Dubé, Bloomberg BNA, July 25, 2016