Every week, I read a wide variety of cases, articles, blogs, and opinions on employment and labor law issues from around the country. This week, however, I found a few intriguing articles on labor law topics that really jumped out at me. As a result, the highlights of my readings this week center on labor law issues.
NLRB Rules Confidentiality Policy is Overbroad
The NLRB recently held that an employer's confidentiality policy which prohibited employees from disclosing confidential information, such as "personal or financial information, etc." illegally restricted the employees' right to engage in protected concerted activity. Employers that utilize confidentiality policies should ensure they are narrowly drawn or risk litigation over potentially overbroad policies.
Proposed New Union Election Rules = More Unions Likely to Form?
The NLRB has proposed new rules in regard to when employees vote on whether or not to organize a union. Under the current rules, the median time between the filing of a representation petition by
employees, and the NLRB holding an election in a contested organizing
campaign, is around 59 days. The NLRB’s proposed rules would cut that time by
more than half, to a very, very quick 25 days or less.
Employers need to prepare for these changes, should they come into effect, by ensuring their workers and management are well versed on the company's position on unions. While these proposed rules are not in effect yet, employers need to remain pro-active on this potential change and prepare for a much quicker turn around time on when a vote would occur on unions.
Water Cooler Gossip: The NLRB Says, Gossip Away, Employees
This article addresses Alurus Technical Institute & Joslyn Henderson, a case in which an administrative law judge of the NLRB held that a company’s “No Gossip Policy” violated the National Labor Relations Act. In essence, the company instituted a policy that “Employees that participate in or instigate gossip about the company, an employee, or customer will receive disciplinary action” in an attempt to slow down a rumor mill in a particular department of the company. The policy defined “gossip” to include, among other things “talking about a person’s personal life when they are not present,” “talking about a person’s professional life without his/her supervisor present,” and “negative, or untrue, or disparaging comments or criticisms of another person or persons.” The policy was cited later as one of the reasons for an employee’s termination (although the employer later took the position that it was actually the employee’s solicitation of other employees to work for a competitor that precipitated the firing).
The NLRB held that such a broad “No Gossip” policy was a violation of the National Labor Relations Act because it prohibited employees from speaking to coworkers about discipline and other terms and conditions of employment.
This article addresses Alurus Technical Institute & Joslyn Henderson, a case in which an administrative law judge of the NLRB held that a company’s “No Gossip Policy” violated the National Labor Relations Act. In essence, the company instituted a policy that “Employees that participate in or instigate gossip about the company, an employee, or customer will receive disciplinary action” in an attempt to slow down a rumor mill in a particular department of the company. The policy defined “gossip” to include, among other things “talking about a person’s personal life when they are not present,” “talking about a person’s professional life without his/her supervisor present,” and “negative, or untrue, or disparaging comments or criticisms of another person or persons.” The policy was cited later as one of the reasons for an employee’s termination (although the employer later took the position that it was actually the employee’s solicitation of other employees to work for a competitor that precipitated the firing).
The NLRB held that such a broad “No Gossip” policy was a violation of the National Labor Relations Act because it prohibited employees from speaking to coworkers about discipline and other terms and conditions of employment.
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