NLRB Issues Assistance with Worker Handbooks

The Nation’s Labor Relations Board (“NLRB”) has lately been aggressive in the enforcement from the National Labor Relations Act (“NLRA”) and, particularly, Section 7 from the NLRA, which safeguards employees’ legal rights to create or enroll in a union and have interaction in “protected, concerted activity” regarding wages, hrs along with other working conditions for his or her “mutual aid or protection.” The NLRB has additionally been diligent in attempting to safeguard employees’ legal rights under Section 8(a)(1) from the NLRA, which prohibits companies from disturbing employees’ Section 7 legal rights. The NLRA is applicable to both union and nonunion workplaces. Within the last many years, the NLRB has carefully examined worker guide guidelines to make sure that they don’t unintentionally stop or “chill” protected Section 7 activity.

On March 18, 2015, the NLRB’s General Counsel, Richard F. Griffin, Junior. released a comprehensive memo titled “Report from the General Counsel Concerning Employer Rules,” which addresses recent guide policy cases and offers good examples of place of work guidelines the NLRB thinks will “chill” worker activity, in addition to good examples of individuals which will pass NLRB muster. The report also addresses guide rules gleaned from the lately settled NLRB charge against Wendy’s Worldwide LLC.

The Overall Counsel’s memo features a discussion of guidelines within the regions of confidentiality, conduct toward co-employees and management, communications using the media, conflicts of great interest, photography and recording within the place of work, and using ip. Even though the NLRB continues to be inspecting guide guidelines for a while, this memo provides concrete good examples from the NLRB’s sights in this region. As reflected within the memo, the main difference from a authorized and illegal policy is frequently a significant close call.

Considering this guidance, companies should examine their handbooks and employment guidelines to make sure that they’ll withstand NLRB scrutiny.