ORDER10
The Respondent, Atlassian US, Inc., Austin, Texas, its officers, agents, successors, and assigns, shall
1. Cease and desist from15
(a) Discharging employees because they engage in protected concerted activities.
(b) Presenting its employees with severance agreements that include overbroad non- disparagement and confidentiality provisions that have a reasonable tendency to 20 coerce employees in the exercise of their Section 7 rights or maintaining or enforcing those provisions in the severance agreement.
(c) Maintaining work rules in our Community Guidelines that: 1) prohibit employees from making demands; 2) prohibit employees from criticizing or questioning the 25 motives of Atlassian managers or supervisors; 3) broadly prohibit disclosure of confidential information; and 4) broadly prohibit comments or communications that could negatively impact Atlassian partners, shareholders or customers.
(d) In any other manner interfering with, restraining, or coercing employees in the 30 exercise of the rights guaranteed them by Section 7 of the Act. Take the following affirmative action necessary to effectuate the policies of the Act.
(a) Within 14 days from the date of this Order, offer full reinstatement to Denise 35 Unterwurzacher to her former job or, if that job no longer exists, to a substantially equivalent position, without prejudice to her seniority or any other rights or privileges previously enjoyed.
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(b) Make Denise Unterwurzacher whole for any loss of earnings and other benefits, and for any other direct or foreseeable pecuniary harms suffered as a result of her unlawful termination.
(c) Within 14 days from the date of the Board's Order, remove from its files any 5 reference to the unlawful discharge of Unterwurzacher and within three days thereafter notify her in writing that this has been done and that the discharge will not be used against her in any way.
(d) Compensate Unterwurzacher for the adverse tax consequences, if any, of receiving a 10 lump-sum backpay award, and file with the Regional Director for Region 16, within 21 days of the date the amount of backpay is fixed, either by agreement or Board order, a report allocating the backpay award to the appropriate calendar years.
(e) File with the Regional Director for Region 16, within 21 days of the date the amount 15 of backpay is fixed by agreement or Board order or such additional time as the Regional Director may allow for good cause shown, a copy of Denise Unterwurzacher's corresponding W-2 forms reflecting the backpay award.
(f) Preserve and, within 14 days of a request, or such additional time as the Regional 20 Director may allow for good cause shown, provide at a reasonable place designated by the Board or its agents, all payroll records, social security payment records, timecards, personnel records and reports, and all other records, including an electronic copy of such records if stored in electronic form, necessary to analyze the amount of backpay due under the terms of this Order.25
(g) Within 14 days of the Board's order, rescind the portions of its severance agreements, which contain overbroad non-disparagement and confidentiality provisions and notify, in writing, all current and former employees who were employed by the Respondent at any time since June 26, 2023, that this has been done and that such 30 language will not be enforced or given effect.
(h) Within 14 days of the Board's order, rescind the portions of its Community Guidelines, that: 1) prohibit employees from making demands; 2) prohibit employees from criticizing or questioning the motives of Atlassian managers or supervisors; 3) 35 broadly prohibit disclosure of confidential information; and 4) broadly prohibit comments or communications that could negatively impact Atlassian partners, shareholders or customers, and notify, in writing, all current and former employees who were employed by the Respondent at any time since September 1, 2023, that this has been done and that such rules will not be enforced or given effect. 40
(i) Within 14 days after service by the Region, physically post at the Austin, Texas facility, copies of the attached Notice to Employees. Copies of the Notice, on forms provided by the Regional Director for Region 16 after being signed by the
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Respondent's authorized representative, shall be posted by Respondent and maintained for at least 60 consecutive days in conspicuous places, including all places where notices to employees are customarily posted. In addition to physical posting of paper notices, the Respondent shall distribute the notice electronically, such as by email, posting on an intranet or an internet site, and/or other electronic means, if 5 Respondent customarily communicates with its employees by such means. Reasonable steps shall be taken by Respondent to ensure that the notice is not altered, defaced, or covered by any other material. If the Respondent has gone out of business or closed its facility, the Respondent shall duplicate and mail, at its own expense, a copy of the notice to all current employees and former employees 10 employed by the Respondent at the facility at any time since June 26, 2023.
(j) Within 14 days after service by the Region, deliver to the Regional Director for Region 16 signed copies of the Respondent's notice to employees for posting by Respondent at its Austin, Texas facility in all places where notices to employees are 15 customarily posted.
(k) Within 21 days after service by the Region, file with the Regional Director for Region 16 a sworn certification of a responsible official on a form provided by the Region attesting to the steps the Respondent has taken to comply. 20
Dated, Washington, D.C. July 1, 202625
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Susannah Merritt U.S. Administrative Law Judge
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 a representative to bargain with us on your behalf; Act together with other employees for your benefit and protection; Choose not to engage in any of these protected activities.
WE WILL NOT interfere with, restrain, or coerce you in the exercise of the above rights.
YOU HAVE THE RIGHT to discuss wages, hours and other terms and conditions of employment with other employees and WE WILL NOT interfere with your exercise of these rights.
WE WILL NOT discharge or otherwise discriminate against any of you for engaging in protected concerted activities.
WE WILL NOT issue and/or maintain severance agreements with confidentiality provisions that broadly require you to hold the provisions and terms of the severance agreement "in strictest confidence" or that require you to "agree not to disclose the existence or terms" of the severance agreement to any current or former Atlassian employee.
WE WILL NOT issue and/or maintain severance agreements with overly broad nondisparagement provisions that prohibit you from making any disparaging statements concerning Atlassian or any of its affiliates or current or former officers, directors, shareholders, employees or agents, or broadly prohibit you from posting any disparaging or negative reviews or comments about Atlassian on the internet.
WE WILL NOT issue, maintain or enforce work rules in our Community Guidelines that: 1) broadly prohibit you from making any demands; 2) prohibit you from criticizing or questioning the motives of Atlassian managers or supervisors; 3) broadly prohibit disclosure of confidential information; and 4) broadly prohibit comments or communications that could negatively impact Atlassian partners, shareholders or customers.
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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, within 14 days from the date of the Board's Order, offer Denise Unterwurzacher full reinstatement to her former job or, if that job no longer exists, to a substantially equivalent position, without prejudice to her seniority or any other rights or privileges previously enjoyed.
WE WILL make Denise Unterwurzacher whole for any loss of earnings and other benefits suffered as a result of our discrimination against her.
WE WILL compensate Denise Unterwurzacher for the adverse tax consequences, if any, of receiving a lump-sum backpay award, and WE WILL file with the Regional Director for Region 16 of the National Labor Relations Board, within 21 days of the date the amount of backpay is fixed, either by agreement or Board order, a report allocating the backpay award to the appropriate calendar year.
WE WILL remove from our files any reference to the termination of Denise Unterwurzacher and WE WILL, within 3 days thereafter notify her in writing, that this has been done and that the termination will not be used against her in any way.
WE WILL rescind the unlawful rules of our Community Guidelines, that: 1) prohibit employees from making demands; 2) prohibit employees from criticizing or questioning the motives of Atlassian managers or supervisors; 3) broadly prohibit disclosure of confidential information; and 4) broadly prohibit comments or communications that could negatively impact Atlassian partners, shareholders or customers.
WE WILL within 14 days of the Board's order, rescind the overly broad provisions contained in the "Confidentiality" and "Non-Disparagement" portions of our severance agreement and notify, in writing, all former employees who were offered and/or signed our severance agreements containing the above overly broad language that we have done so, and that the above overly broad language will not be enforced or given effect.
ATLASSIAN CORP.
(Employer)
Dated: By:
(Representative) (Title) The National Labor Relations Board is an independent Federal agency created in 1935 to enforce the National Labor Relations Act. It conducts secret-ballot elections to determine whether employees want union representation, and it investigates and remedies unfair labor practices by employers and unions. To find out more about your rights under the Act and how to file a charge or election petition, you may speak confidentially to any agent with the Board's Regional Office set forth below. You may also obtain information from the Board's website: www.nlrb.gov.
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819 Taylor Street, Room 8A24, Fort Worth, TX 76102-6107
(817) 978-2921, Hours: 8:15 a.m. to 4:45 p.m. The Administrative Law Judge's decision can be found at www.nlrb.gov/case/16-CA-324971 or by using the QR code below. Alternatively, you can obtain a copy of the decision from the Executive Secretary, National Labor Relations Board, 1015 Half Street, S.E., Washington, D.C. 20570, or by calling (202) 273-
1940.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE DATE
OF POSTING AND MUST NOT BE ALTERED, DEFACED, OR COVERED BY ANY OTHER
MATERIAL. ANY QUESTIONS CONCERNING THIS NOTICE OR COMPLIANCE WITH
ITS PROVISIONS MAY BE DIRECTED TO THE ABOVE REGIONAL OFFICE'S
COMPLIANCE OFFICER.
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