Obama's Appointees to the National
Labor Relations Board Releases a Listing of Illegal Handbook
Policies
Several weeks ago, the General Counsel of the National Labor Relations
Board (NLRB) sent a 30 page memorandum to all Regional Directors,
Officers in Charge and Resident Officers concerning recent Board
decisions on employer handbook policies and rules which have
been declared illegal by the Board. The types of policies or rules
which are most frequently at issue are confidentiality rules, professionalism
rules, anti harassment rules, trade mark rules, photocopy/recording
rules and media contact rules.
Below is a listing of some of the handbook policies or company
rules which have been determined to be illegal by the NLRB. If
a company has any of these, or similar, statements in their handbooks
or other policy or procedure manuals, the company should consider
the immediate removal of these or similar statements. Handbooks
and other policy manuals should be immediately revised and distributed
to all employees. Managers should be trained on the changes.
The NLRB has determined that the following statements constitute
unlawful handbook policies or procedures. Any employer who is caught
having these or similar statements in their employee handbooks
or policy manuals may be subject to fines, penalties or other sanctions.
Employees must not discuss customer or other employee information
outside of work, including telephone numbers and addresses.
Employees must
not discuss wages, salaries, benefits or other terms and conditions
of work with other employees or anyone outside the company.
Employees must
never publish or disclose the employer's or another's confidential
or otherproprietary information.
Employees must never publish or
report on conversations that are meant to be private or internal
to the organization.
Employees must never share overheard conversations
at the work site with your coworkers, the public or anyone outside
the organization.
Employees are not allowed to use defamatory, libelous,
slanderous or discriminatory comments about the company, its customers,
competitors, employees or management.
Chronic resistance to proper
work related orders or discipline, even though not overt insubordination,
will result in discipline.
It is Important that employees practice
caution and discretion when posting content on social media sites
that could affect or damage the employer's operations, business
relationships or reputation.
Employees must not make insulting,
embarrassing, hurtful or abusive comments about other company employees
while online.
Employees must avoid the use of offensive, derogatory
or prejudicial comments when utilizing social media sites.
Material
that is fraudulent, harassing, embarrassing, sexually explicit,
profane, intimidating, defamatory or other wise unlawful may not
be sent by email.
Employees are not authorized to speak to any representatives
of the print, electronic media or government investigators about
company matters. All inquiries must be referred to the Marketing
Department.
Employees may not use any company logos, trademarks,
graphics or advertising materials on any social media sites.
Company logos and trademarks may not be used without written consent.
Employees
are prohibited from wearing cell phones, making personal calls
or viewing or sending texts while on duty.
Walking off the job is
prohibited and may lead to termination.
Employees may not engage
in any action that is not in the best interest of the employer.
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