To help employers craft handbooks that don’t violate the National Labor Relations Act, the National Labor Relations Board has issued a compilation of rules it has found to be illegal — and rewritten them to illustrate how they can comply with the law.
It was issued as a memorandum by NLRB General Counsel Richard F. Griffin, Jr. to “help employers to review their handbooks and other rules, and conform them, if necessary, to ensure they are lawful.”
Specifically, the memorandum points out employer policies found to violate and conform to Section 7 of the NLRA.
The main area of concern
Section 7 mandates that employees be allowed to participate in “concerted activity” to help improve the terms and conditions of their work.
The NLRB has made it abundantly clear recently that it’s on the lookout for rules that:
- explicitly restrict protected concerted activity, and/or
- could be construed to restrict protected Section 7 activity.
One thing the memorandum makes very clear: extremely subtle variations in language could be the difference between having a legal policy in the NLRB’s eyes and having one that’s viewed as violating the NLRA.
Click HERE to find out what to say and what not to say.
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Article from HRMorning.com