T-Mobile USA, Inc. v. National Labor Relations Board

E. GRADY JOLLY, Circuit Judge:

In this appeal, the National Labor Relations Board (“NLRB” or “Board”) challenges certain T-Mobile 1 workplace rules, which it contends prohibit employees from exercising unionizing rights.

T-Mobile’s employee handbook (1) encouraged employees to “maintain a positive work environment”; (2) prohibited “[a]rguing or fighting,” “failing to treat others with respect,” and “failing to demonstrate appropriate teamwork”; (3) prohibited all photography and audio or video recording in the workplace; and (4) prohibited access to electronic information by non-approved…