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What the <i>Noel Canning</i> Decision Means for Employers

By Matthew C. Lonergan and Summer Austin Davis

After the D.C. Circuit Court's ruling in Noel Canning v. NLRB, No. 12-1115, slip. op. (D.C. Cir. Jan. 25, 2013) that a majority of the NLRB members were appointed unconstitutionally, many employers celebrated the apparent demise of NLRB decisions that they viewed as unfavorable. Some of the most employer-unfriendly and controversial decisions include the following:

Costco Wholesale Corp., 358 NLRB No. 106 (2012) (holding that an employer's social media policy prohibiting electronic postings that “damage the Company, defame any individual or damage any person's reputation” unlawfully restricted employees' protected rights; also adopting the Administrative Law Judge's ruling that the employer's rule prohibiting employee discussion of “private matters of members and other employees” was unlawfully overbroad).

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