The National Labor Relations Board issued a decision Friday that reaffirms measures aimed at preventing employers from coercing workers when they interview them in preparation for unfair labor practice proceedings before the board.
The NLRB determined in 1964 in the case of Johnnie’s Poultry that such interviews violated the National Labor Relations Act unless the employer gave the employee specific assurances. That standard established in Johnnie’s Poultry “requires employers to explain the purpose of any questioning, assure workers that they won’t face retaliation, and get employees to voluntarily participate,” according to lawyers at Benesch Law.
NLRB Chair Lauren M. McFerran and members Marvin E. Kaplan, Gwynne A. Wilcox and David M. Prouty cited the so-called Johnnie’s Poultry standard in its current ruling involving Sunbelt Rentals reaffirming the ground rules for interviewing employees during an investigation into unfair labor practices. The Johnnie’s Poultry standard, they said, balances employer and employee rights. Board members Marvin E. Kaplan and John F. Ring dissented.
“Today’s decision maintains a well-understood 58-year standard that has proven successful in balancing employer needs and employee rights, while protecting the integrity of the Board’s process,” McFerran said in a statement. “Because of the strong possibility of coercion in an employer interview about unfair labor practice issues, employees need protection. This familiar, bright-line test is easy for employers to comply with and brings certainty to the administration of the Act.”
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