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3.5 Rights Under the National Labor Relations Act Policy (NLRA)

THE COMPANY fully complies with the National Labor Relations Act (NLRA), which protects the rights of employees to engage in certain activities related to improving wages, hours, and working conditions. These rights apply to all covered employees, regardless of whether THE COMPANY is unionized.

 

Protected Employee Rights

Under Section 7 of the NLRA, employees have the right to:

  • Discuss wages, hours, and working conditions with coworkers or third parties
  • Raise concerns or complaints about their workplace
  • Participate in concerted activities, including acting together with other employees to improve terms and conditions of employment
  • Seek assistance or support from organizations, government agencies, or labor groups
  • Join, form, or support a union
  • Choose not to engage in any of the above activities

These rights apply during non-work time and in non-work areas, unless otherwise protected by law.

 

Examples of Protected Concerted Activity

Protected activity may include, but is not limited to:

  • Talking with coworkers about pay, scheduling, breaks, uniforms, or workplace safety
  • Asking managers for better equipment, training, or staffing
  • Signing a petition or acting as a group to request changes
  • Discussing concerns about policies, discipline, or store conditions
  • Communicating with government agencies about workplace issues
  • Peacefully supporting or opposing union representation

Employees do not need to be part of a union to have these rights.

 

Limitations to Protected Activity

The NLRA does not protect behavior that is:

  • Threatening, violent, or harassing
  • Discriminatory or abusive toward protected classes
  • Knowingly false or malicious
  • Disruptive to business operations during working time
  • In violation of lawful workplace rules (e.g., safety rules, food handling standards)
  • Disclosing confidential or proprietary Company information

THE COMPANY may enforce workplace conduct rules that are lawful, neutral, and consistently applied.

 

No Retaliation

THE COMPANY strictly prohibits retaliation, coercion, intimidation, threats, or discrimination against any employee for:

  • Exercising NLRA rights
  • Discussing wages or working conditions
  • Participating in concerted activity
  • Supporting or opposing union activity
  • Filing a charge or participating in an NLRB investigation

Any Team Member who believes their rights have been interfered with should report it immediately.

 

Management Responsibilities

Supervisors and Managers must:

  • Respect employees’ NLRA rights
  • Avoid asking employees about their support or opposition to unions
  • Avoid making threats, promises, surveillance, or interrogations related to union involvement
  • Maintain neutrality unless otherwise required by law
  • Contact THE COMPANY leadership or HR before taking any action involving concerted activity or union-related conduct

Improper interference may violate federal law and subject THE COMPANY to penalties.

 

Reporting Concerns

Employees may report concerns or potential violations of this Policy to:

  • A Restaurant Manager
  • District Manager
  • The Director of Operations
  • DGI Corporate Office Team Member

Reports may be made without fear of retaliation and will be handled confidentially to the extent possible.

Employees may also contact the National Labor Relations Board (NLRB) directly. THE COMPANY will never retaliate against an employee for contacting or cooperating with the NLRB.

 

Compliance Statement

THE COMPANY is committed to protecting employees’ rights under Section 7 and Section 8 of the NLRA and will enforce this Policy consistently and fairly.

Nothing in this Policy is intended to restrict, limit, or discourage employees from engaging in concerted activity protected by the NLRA.

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