NLRB Signals Possible Rollback of Union Surveillance Rule (1)

Two NLRB members signaled their interest in reconsidering longstanding precedent that can make employer surveillance of union activity unlawful even if the employees don’t know they’ve been observed.

National Labor Relations Board Chairman John Ring and Member Marvin Kaplan mentioned revisiting that case law in an Oct. 29 ruling involving the National Captioning Institute Inc. The NLRB concluded that the company unlawfully surveilled a private employee Facebook group and retaliated against workers for their union activity.

At least one worker knew about the surveillance, so there was no reason to weigh the rule from the U.S. Court of Appeals for ...