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Because the rule addressed legitimate business concerns, as stated clearly in the rule, there was no basis for a finding that a reasonable employee would interpret the rule as prohibiting protected activity under the NLRA.

National Labor Review Board Reached Opposite Conclusion In 2015, the NLRB reviewed administrative law judge, Steven Davis', decision and came to the opposite conclusion.

An example he provided was at annual town hall meetings which are held without store management being present.

At these meetings, employees have an open forum to discuss any work issues, and the recording of such a meeting would "absolutely chill the dynamic of the meeting." Recording Rule Does Not Violate NLRA ALJ Davis found this testimony convincing and concluded that the recording rule did not violate the National Labor Relations Act, and dismissed the complaint.

The “militaristic” new inventory system at Whole Foods is still making customers grumpy, but they can be happy that it’s not their job to restock the empty shelves.

One administrative law judge with the National Labor Relations Board says yes, they can. The rule, contained in Whole Foods' General Information Guide ("Guide"), states: (i) Team Member Recordings It is a violation of Whole Foods Market policy to record conversations with a tape recorder or other recording device (including a cell phone or any electronic device) unless prior approval is received from your store or facility leadership.

"Making recordings in the workplace is not a protected right, but is subject to an employer's unquestioned right to make lawful rules regulating employee conduct in its workplace." Additionally, he noted that the rule is only limited to making electronic recordings of conversations.

An employee "may present his contemporaneous, verbatim, written record of his conversation with the other party, and his own testimony concerning employment-related matters." The rule was not contradicted by the presence of surveillance cameras which served the legitimate business purposes of protecting customers and employees, and preventing theft. In addition, it is an unfair labor practice for an employer to interfere with that right.

The stress has created such a tense working environment.

Seeing someone cry at work is becoming normal.” According to the report, OTS is also hurting employee turnover, either causing firings, or making people so fed up that they quit.

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