NLRB Prime Communications, LP - Decision and Order (Case 16–CA–309916)

Sep 15, 2026

Uploaded by Blaney

National Labor Relations Board decision and order in Case 16–CA–309916 concerning Prime Communications, LP. The Board adopts the administrative law judge’s recommended order as modified after reviewing exceptions and briefs. The order addresses provisions in severance agreements with nondisparagement language and confidentiality/contact-related restrictions. The Board issues remedial directives to substitute the modified order and notice to employees, including the posting requirement. Dates reflect April 7, 2026 issuance.

LanguageEnglish

CategoryLetters

FormatPDF

Pages7

Reading Time3 min

AccessFree to download

Decision and Order

Order

Appendix: Notice to Employees

NOTICE: This opinion is subject to formal revision before publication in the bound volumes ofNLRB decisions. Readers are requested to notify the Executive Secretary, National Labor Relations Board, Washington, D.C. 20570, of any typographical or otherformal errors so that corrections can be included in the bound volumes. Prime Communications, LP and Spencer D. Smith. Case 16–CA–309916 April 7, 2026 DECISION AND ORDER BY CHAIRMAN MURPHY AND MEMBERS PROUTY AND MAYER On June 26, 2024, Administrative Law Judge Eleanor Laws issued the attached decision. The Respondent filed exceptions and a supporting brief, the General Counsel filed an answering brief, and the Respondent filed a reply brief. The General Counsel filed cross-exceptions and a supporting brief, the Respondent filed an answering brief, and the General Counsel filed a reply brief. The National Labor Relations Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge’s rulings, findings,1 and conclusions and to adopt the recommended Order as modified.2 ORDER The National Labor Relations Board adopts the recommended Order of the administrative law judge as modified below and orders that the Respondent, Prime Communications, LP, Sugar Land, Texas, its officers, agents, successors, and assigns, shall take the action set forth in the Order as modified. 1. Substitute the following for paragraph 1(a).“issuing and maintaining severance agreements with nondisparagement provisions that broadly require employees to ‘refrain from making disparaging, defamatory, negative or other similar remarks concerning Prime, Prime’s business, Prime’s partners, owners, principals, managers, directors, officers, employees, agents, or services, to any third party except to the extent that Employee (a) is required to make such remarks by applicable law or regulation or judicial or regulatory process, or (b) makes 1 In affirming the judge’s findings, Chairman Murphy and Member Mayer apply McLaren Macomb, 372 NLRB No. 48, [slip op. at 7](slip op. at 7) (2023), as extant precedent. They would be open to reconsideration of that precedent in a future appropriate proceeding, but, in the absence of a threemember majority to overrule it at this time, they agree to apply it here. The Respondent exceptedto the judge’s findings that the nondisparagement provisions would restrict employees’ exercise of their Sec. 7 rights and are unlawfully overbroad, and that the General Counsel established that the confidentiality provisions are unlawfully broad as alleged. However, the Respondent failed to provide any supporting arguments in its brief in support of exceptions. Consistent with Sec. 102.46(a)(1)(ii) of the Board’s Rules and Regulations, we disregard these exceptions to the judge’s findings. See, e.g. , St. Paul Park Refining Co., LLC d/b/a such remarks in or in connection with any then pending litigation or other legal proceeding,’ and/or prohibit them from contacting any employee of Prime Communications at any time, and/or preclude employees from ‘voluntarily assist[ing] any agency or 3rd party with respect to any action adverse to the interests of Prime, its agents, principals, or affiliates,’ and/or direct employees to contact Prime if they are ‘contacted by a 3rd party requesting information including, but not limited to, documents, email correspondence, texts, data, internal policies, procedures or practices related to or regarding a pending or future action involving, against, or adverse to Prime Communications, its agents, principals or affiliates.’” 2. Substitute the attached notice for that of the administrative law judge. Dated, Washington, D.C. April 7, 2026 | James R. Murphy, | Chairman | | --- | --- | | David M. Prouty, | Member | Scott A. Mayer, Member (SEAL) NATIONAL LABOR RELATIONS BOARD APPENDIX NOTICE TO EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the

FAQs

What is the main outcome of the NLRB decision regarding Prime Communications, LP?

The NLRB adopts the administrative law judge’s recommended order as modified and orders Prime Communications, LP to take the actions specified in the modified order, including related remedial measures stated in the notice to employees.

Which severance agreement provisions are addressed by the order?

The order focuses on severance agreements containing nondisparagement provisions broadly restricting employee remarks, as well as related confidentiality and contact-related restrictions.

What must be done in relation to the notice to employees?

The NLRB orders that a notice be substituted and posted by order of the Board, informing employees of their rights and the Board’s findings of unlawful conduct.

Sep 15, 2026

Uploaded by Blaney