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2020 NLRB LEXIS 404; 2020-21 NLRB Dec. (CCH) P16,743; 369 NLRB No. 147

2020 NLRB LEXIS 404; 2020-21 NLRB Dec. (CCH) P16,743; 369 NLRB No. 147

National Labor Relations Board

July 30, 2020

Case 07-CA-187907

Opinion

DECISION AND ORDER

On May 16, 2018, Administrative Law Judge Elizabeth M. Tafe issued the attached decision. The Respondent filed exceptions and a supporting brief, and the General Counsel filed an answering brief. 1 

The National Labor Relations Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge's rulings, findings, and conclusions only to the extent consistent with this Decision and Order.

I. BACKGROUND

The Respondent handles maritime cargo at two facilities, one in Detroit and the other in the nearby downriver community of Ecorse, Michigan. Most of the Respondent's statutory employees are represented by International Association of Machinists Local Lodge 698. At all material times, the Respondent and the Union were parties to a collective-bargaining agreement. The Respondent also employs four unrepresented clerical employees.

Since September 1, 2016, the Respondent has maintained its Personnel Handbook, which, as relevant here, contains two provisions the complaint alleges are unlawful to maintain. 2 Personnel Handbook section II, "Guidelines for Appropriate Conduct," subsection A provides, in relevant part, as follows:

Types of behavior [*3]  and conduct that the Company considers inappropriate include, but are not limited to the following:

. . .

16) Calling, participating in, or encouraging others to call or participate in an illegal slowdown, strike (including a sympathy strike), or walkout.

And Personnel Handbook section III, "General Company Policies," subsection V provides as follows:

Moonlighting

Employees are expected to devote their primary work efforts to the Company's business. Therefore, it is mandatory that they do not have another job that:

. Could be inconsistent with the Company's interests.

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2020 NLRB LEXIS 404 *; 2020-21 NLRB Dec. (CCH) P16,743; 369 NLRB No. 147

Nicholson Terminal & Dock Company and Steve Lavender.

Prior History:

Nicholson Terminal & Dock Co., 2018 NLRB LEXIS 199 (N.L.R.B., May 16, 2018)

Notice:

NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Executive Secretary, National Labor Relations Board, Washington, D.C. 20570, of any typographical or other formal errors so that corrections can be included in the bound volumes.

CORE TERMS

Handbook, Personnel, email, no-camera, facially, moonlighting, outweigh, no-recording, notice, ambiguous, nonwork, discipline, contested, slowdowns, walkout, chill, stevedores, customers, workplace, electronic, slight, confidentiality, illegal-strike, competitors, contractual, no-striking, proprietary, colleagues, restrain, nonunit