Quicken Loans, Inc.

National Labor Relations Board - Board Decisions

Nov 3, 2014

361 N.L.R.B. 904 (N.L.R.B. 2014)

904 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Quicken Loans, Inc. and Lydia E. Garza. Case 28–
CA–075857
November 3, 2014
DECISION AND ORDER
BY CHAIRMAN PEARCE AND MEMBERS HIROZAWA
AND SCHIFFER
On June 21, 2013, the Board issued a Decision and
Order in this proceeding, which is reported at 359 NLRB
1201 (2013). Thereafter, the Respondent filed a petition
for review in the United States Court of Appeals for the
District of Columbia Circuit.
At the time of the Decision and Order, the composition
of the Board included two persons whose appointments
to the Board had been challenged as constitutionally in-
firm. On June 26, 2014, the United States Supreme
Court issued its decision in NLRB v. Noel Canning, 134
S.Ct. 2550 (2014), holding that the challenged appoint-
ments to the Board were not valid. Thereafter, the Board
issued an order setting aside the Decision and Order, and
retained this case on its docket for further action as ap-
propriate.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
In view of the decision of the Supreme Court in NLRB
v. Noel Canning, supra, we have considered de novo the
judge’s decision and the record in light of the exceptions
and briefs. We have also considered the now-vacated
Decision and Order, and we agree with the rationale set
forth therein, as modified.1 Accordingly, we affirm the
judge’s rulings, findings, and conclusions and adopt the
judge’s recommended Order to the extent and for the
reasons stated in the Decision and Order reported at 359
1 We agree with the judge, for the reasons stated in his decision, that
the provision of the Mortgage Banker Employment Agreement
(MBEA) entitled “Non-disparagement” is unlawful because employees
would reasonably construe its broad prohibitions as encompassing Sec.
7 activity. In adopting the judge’s finding, we also rely on Hills &
Dales General Hospital, 360 NLRB 611, 611 (2014), and Valley Hos-
pital Medical Center, 351 NLRB 1250, 1252 (2007) (quoting Richboro
Community Mental Health Council, 242 NLRB 1267, 1268 (1979)),
enfd. 358 Fed.Appx. 783 (9th Cir. 2009).
In concluding that the MBEA is unlawful with respect to nondis-
closure of certain personnel information, we rely on Fresh & Easy
Neighborhood Market, 361 NLRB 72, 73–74 (2014), and MCPc, Inc.,
360 NLRB 216, 216 (2014).
In finding that, when rescinding the offending language from the
MBEA, the Respondent may supply its mortgage bankers either with
inserts stating that the unlawful rules have been rescinded, or with new
and lawfully worded rules on adhesive backing that will correct or
cover the unlawfully broad rules, until it republishes the MBEA with-
out the unlawful provisions, we rely on Guardsmark, LLC, 344 NLRB
809, 812 fn. 8 (2005), enfd. in relevant part 475 F.3d 369 (D.C. Cir.
2007).
NLRB 1201, which is incorporated herein by reference.2
The Order is set forth in full below.
ORDER
The National Labor Relations Board orders that the
Respondent, Quicken Loans, Inc., Scottsdale, Arizona,
its officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Maintaining provisions in attachment A of its
Mortgage Banker Employment Agreement (MBEA) that
define “proprietary/confidential information” to include
the following: (1) “non-public information relating to or
regarding . . . personnel” and (2) “personnel information
including, but not limited to, all personnel lists, rosters,
personal information of co-workers” and “handbooks,
personnel files, personnel information such as home
phone numbers, cell phone numbers, addresses, and
email addresses[.]”
(b) Maintaining MBEA section K, paragraph 2, enti-
tled “Non-disparagement.”
(c) In any like or related manner interfering with, re-
straining, or coercing employees in the exercise of the
rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) Rescind the following provisions of the MBEA:
(1) attachment A, paragraph A(a) to the extent that it
defines “Proprietary/Confidential Information” to include
“non-public information relating to or regarding the
Company’s . . . personnel”; (2) the paragraph entitled
“Personnel Information” in attachment A insofar as it
applies to “personnel information including, but not lim-
ited to, all personnel lists, rosters, personal information
of co-workers” and “handbooks, personnel files, person-
nel information such as home phone numbers, cell phone
numbers, addresses, and email addresses”; and (3) sec-
tion K, paragraph 2, entitled “Non-disparagement.”
(b) Furnish all current mortgage bankers with inserts
for the current MBEA that (1) advise that the unlawful
rules have been rescinded, or (2) provide the language of
lawful rules; or publish and distribute a revised MBEA
that (1) does not contain the unlawful rules, or (2) pro-
vides the language of lawful rules.(c) Within 14 days
after service by the Region, post at all of its offices na-
tionwide copies of the attached notice marked “Appen-
dix.”3 Copies of the notice, on forms provided by the
2 We shall substitute a new notice in accordance with our decision in
Durham School Services, 360 NLRB 694 (2014).
3 If this Order is enforced by a judgment of a United States court of
appeals, the words in the notice reading “Posted by Order of the Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
361 NLRB No. 94

QUICKEN LOANS, INC. 905
Regional Director for Region 28, after being signed by
the Respondent’s authorized representative, shall be
posted by the Respondent and maintained for 60 consec-
utive days in conspicuous places, including all places
where notices to employees are customarily posted. In
addition to physical posting of paper notices, notices
shall be distributed electronically, such as by email, post-
ing on an intranet or an internet site, and/or other elec-
tronic means, if the Respondent customarily communi-
cates with its employees by such means. Reasonable
steps shall be taken by the Respondent to ensure that the
notices are not altered, defaced, or covered by any other
material. If the Respondent has gone out of business or
closed the facility involved in these proceedings, the Re-
spondent shall duplicate and mail, at its own expense, a
copy of the notice to all current mortgage bankers and
former mortgage bankers employed by the Respondent at
any time since September 5, 2011.
(d) Within 21 days after service by the Region, file
with the Regional Director for Region 28 a sworn certifi-
cation of a responsible official on a form provided by the
Region attesting to the steps that the Respondent has
taken to comply.
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government

The National Labor Relations Board has found that we
violated Federal labor law and has ordered us to post and
obey this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist a union
Choose representatives to bargain with us on
your behalf
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.

WE WILL NOT maintain the following provisions con-
tained in our Mortgage Banker Employment Agreement
(MBEA):

1. attachment A, paragraph A(a) to the extent
that it defines “Proprietary/Confidential In-
formation” to include “non-public infor-
mation relating to or regarding the Compa-
ny’s . . . personnel[.]”
2. the paragraph entitled “Personnel Infor-
mation” in attachment A insofar as it applies
to “personnel information including, but not
limited to, all personnel lists, rosters, personal
information of co-workers” and “handbooks,
personnel files, personnel information such as
home phone numbers, cell phone numbers,
addresses, and email addresses[.]”
3. section K, paragraph 2, entitled “Non-
disparagement.”

WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
listed above.
WE WILL rescind the following language in the follow-
ing provisions of our MBEA:

1. attachment A, paragraph A(a) to the extent
that it defines “Proprietary/Confidential In-
formation” to include “non-public infor-
mation relating to or regarding the Compa-
ny’s . . . personnel[.]”
2. the paragraph entitled “Personnel Infor-
mation” in attachment A insofar as it applies
to “personnel information including, but not
limited to, all personnel lists, rosters, personal
information of co-workers” and “handbooks,
personnel files, personnel information such as
home phone numbers, cell phone numbers,
addresses, and email addresses[.]”
3. paragraph 2 of section K of the MBEA, enti-
tled “Non-disparagement.”

WE WILL furnish all mortgage bankers with inserts for
the current MBEA that (1) advise that the unlawful rules
have been rescinded, or (2) provide the language of law-
ful rules; or WE WILL publish and distribute a revised
MBEA that (1) does not contain the unlawful rules, or
(2) provides the language of lawful rules.
QUICKEN LOANS, INC.

The Board’s decision can be found at
www.nlrb.gov/case/28–CA–075857 or by using the QR
code below. Alternatively, you can obtain a copy of the
decision from the Executive Secretary, National Labor Re-
lations Board, 1099 14th Street, N.W., Washington, D.C.
20570, or by calling (202) 273-1940.