Employee Right to Fraternize Restored

June 13, 2007 by Beeson Tayer & Bodine

There was a time when the NLRB issued pro-union decisions and the DC Circuit Court of Appeal routinely struck them down. Today, however, the DC Court is often in the position of saving workers from an anti-union Board. Of course, the DC Court has little choice when Board decisions are as bizarre as the decision in Guardsmark, LLC. In that case, the Board upheld as lawful an employer’s work rule forbidding “fraternizing” or becoming “overly friendly” with co-workers on or offduty. The Board speculated that no employees would reasonably understand the rule to prohibit union activity protected by the Act. The DC Circuit disagreed, noting that unions are frequently referred to as "fraternal" organizations. Guardsmark v. NLRB, 475 F.3d 369. The upshot is that a worker’s right to have a beer after work with co-workers is now enshrined in law.

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