The National Labor Relations Board has just eliminated the “Don’t Disrespect the Patrons Law” in private businesses if a new ruling holds against an LA Hooters franchise that is.
The rule can be appealed to the national NLRB where it could be modified. Striking down this rule by the NLRB means that a company can no longer demand their employees treat others, including customers respectfully and they can’t be fired for it either.
The fact that the NLRB is intruding on non-union, private businesses is just more of the what we’ve come to expect from the government.
The NLRB ruled this week that Hooters violated federal labor laws, which allows employees to act together for their benefit and protection.
Managers beware. The pro-union NLRB will always back employees voicing concerns or anger at management.
The case resulted from a complaint by a waitress at Hooters, Alexis Hanson. She complained repeatedly to a number of people that the annual bikini contest was “rigged”. The night she lost she engaged in a fight with the winner, a Pamela Noble. The fighting became such a problem that the police had to be called.
She was fired but the NLRB has ordered her reinstated with full back pay and seniority.
The company at first told her she was fired for cursing at the winner. She said she didn’t actually curse at her so they then old her she was being fired for her negative social media posts, which violated the rules, including one that prohibits any “action or activity which Hooters reasonably believes represents a threat to the smooth operation, goodwill, or profitability of the business.”
The NLRB judge found nine rules at the Hooters franchise that they did not approve of and struck them down though many were unrelated to the case.
The Hooters handbook had some dated and unlawful rules such as not allowing employees to discuss wages and tips. That gave the NLRB an excuse to tell the company they can no longer have a necessary rule which precludes employees from insulting company officials, patrons, and colleagues.