When You Already Lost Before the Campaign Began: Some Thoughts About Consistency in the Workplace
Consistency: The Single Most Important Word in Labor Relations Right Now A recent decision in Apple, Inc. v. NLRB affirms that employers can lawfully remove union flyers, as long as the removal is governed by a uniformly enforced policy . Fisher Phillips, a nationally recognized management-side labor and employment law firm known for its deep expertise in workplace policy, recently highlighted the Fifth Circuit’s ruling in this article . This latest ruling reaffirms what’s been a throughline in labor law for decades: employers don’t win because they act; they win because they can prove they acted the same way every time. This particular case involved the employer, Apple, removing union flyers that employees had placed on breakroom tables. Managers at the location saw the flyers and discarded them within minutes. Some of you might be wondering why this would even be an issue. I've been asked more than once, "Don't I have the right to throw away anything I don't w...
