Perspective
May 5, 2016
End the myopic focus on Section 7
It's time for the NLRB to retire its Lutheran Heritage decision, which invalidates many a facially neutral rule solely because the rule is ambiguously worded relative to the possible exercise of Section 7 rights. By Mark S. Ross and Iris R. Kokish
Mark S. Ross
Special Counsel
Sheppard, Mullin, Richter & Hampton LLP
Email: mross@sheppardmullin.com
Mark is in the Labor and Employment Practice Group in the firm’s San Francisco Office.
The National Labor Relations Act's Section 7 guarantees employees the statutory right to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection. Work policies that explicitly prohibit or unduly restrict an employee from engaging in Section 7 conduct foreseeably restrain employees in the exercise of their statutory rights and are, therefore, facially invalid. S...
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