In a decision that affects both union and non-union employers, the National Labor Relations Board (NLRB or Board) has taken what is likely the first step toward reining in the expanded scope of what the Obama-era Board considered “protected, concerted activity” under the National Labor Relations Act (NLRA).

In Alstate Maintenance, the NLRB overturned

A nursing home’s policy prohibiting off-duty employees from remaining on its premises after their shift “unless previously authorized by” their supervisor interfered with the labor rights of employees, the NLRB has ruled.  Piedmont Gardens, 360 NLRB No. 100 (May 1, 2014).

The union filed unfair labor practice charges against the employer, alleging among other

A hospital’s code of conduct forbidding comments that stray beyond “fair criticism” and behavior detrimental to “promoting teamwork” were unlawful, NLRB Administrative Law Judge (ALJ) Susan Flynn has ruled.  William Beaumont Hospital, Case No. 07-CA-093885 (January 30, 2014).

The hospital’s code of conduct stated, in part:

Conduct on the part of a Beaumont employee