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Board Invites Briefing on Potentially Overturning Johnnie s Poultry Standard for Questioning of Employees About Putative Protected Activity | Proskauer - Labor Relations

To embed, copy and paste the code into your website or blog: On Monday, the Board voted 3-1 to solicit public briefing on whether it should overrule the Johnnie’s Poultry Co., 146 NLRB 770 (1964) safeguards employees must receive if they are questioned by employers about their own or another employees’ potentially protected concerted activity. Those safeguards include requiring the following: The employer must communicate to the employee the purpose of the questioning, assure the employee that no reprisal will take place, and obtain the employee’s participation voluntarily; The questioning must occur in a context free from employer hostility to union organization and must not be itself coercive in nature; and

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