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Labor Law
Federal Labor Law
Disclosure of Confidential Information

MUSE School CA and Trudy Perry

Published: Oct. 4, 2014 | Result Date: Sep. 8, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 31–CA–108671 Bench Decision –  Cease and desist

Court

NLRB


Attorneys

Respondent

Travis M. Gemoets
(Jeffer, Mangels, Butler & Mitchell LLP)

Patricia Desantis


Facts

Trudy Perry filed a complaint against MUSE School CA for alleged unfair labor law practices under the National Labor Relations Act.

Contentions

COMPLAINANT'S CONTENTIONS:
Plaintiff alleged that respondent maintained a confidentiality agreement that prohibited employees from disclosing confidential information about respondent, including information about MUSE, MUSE employees, MUSE students, the families of MUSE students, including, but not limited to the family of filmmaker James Cameron, and the Cameron Entities not generally known to the public, and others.

Complainant alleged that she resigned from respondent's employ on or about June 28, 2013, and received a letter from respondent's attorney threatening to take legal action against her for allegedly violating the confidentiality agreement. In the letter, the attorney stated that respondent received credible information that complainant violated the terms of the original confidentiality agreement.

Result

Administrative Law Judge Lisa D. Thompson determined that MUSE violated the NRLA by promulgating and maintaining an overly broad confidentiality agreement, both the original agreement and the revised agreement, that could reasonably be understood to prohibit the employees from discussing their wages, hours, and other terms and conditions of their employment. The judge also found MUSE in violation of the NLRA by enforcing the confidentiality agreement against Perry and for threatening legal action against her if she failed to comply. The judge ordered MUSE to cease and desist from its unlawful labor practices, including the rescission or the revision of the unlawful provisions in the original and the revised confidentiality agreements. The judge also ordered MUSE to notify Perry in writing that it will no longer enforce or threaten to enforce the disputed confidentiality agreement.


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