Quicken Loans, Inc. v. NLRB, No. 14-1231 (D.C. Cir. 2016)
Annotate this CaseQuicken forbids its mortgage bankers to use or disclose a broad range of personnel information without Quicken’s prior written consent or to criticize publicly the company and its management. The Board determined that such rules violate the National Labor Relations Act, 29 U.S.C. 151 et seq., because they unreasonably burden the employees’ ability to discuss legitimate employment matters, to protest employer practices, and to organize. The court denied Quicken’s petition for review and granted the Board’s cross-application for enforcement, concluding that there was nothing arbitrary or capricious about that decision and no abuse of discretion in the Board’s hearing process. In this case, the Board appropriately determined that employees would reasonably construe the sweeping prohibitions in Quicken’s Confidentiality and Non-Disparagement Rules as trenching upon their rights to discuss and object to employment terms and conditions, and to coordinate efforts and organize to promote employee interests.
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