NLRB Increasingly Focused on Assisting Non-Union Employees
- By Your mom
- •
- 20 Jul, 2012
The National Labor Relations Board (NLRB) recently launched a separate webpage,
Protected Concerted Activity, to educate non-union employees of their rights under the National
Labor Relations Act (NLRA). In particular, the site discusses the right of employees to act
together for their mutual aid and protection even if they are not unionized, and encourages non-
union employees to contact the Board for help. Specifically, it states, in part: “[t]he law we
enforce gives employees the right to act together to try to improve their pay and working
conditions or fix job-related problems, even if they aren't in a union. If employees are fired,
suspended, or otherwise penalized for taking part in protected group activity, the National Labor
Relations Board will fight to restore what was unlawfully taken away. These rights were written
into the original 1935 National Labor Relations Act and have been upheld in numerous decisions
by appellate courts and by the U.S. Supreme.”
The webpage is part of an on-going effort by the NLRB to breathe new life into a law
largely ignored by non-union employers, and expand the role of the Board into areas outside its
traditional focus of regulating union-management relations, as less than 7% of private sector
employees now belong to a union.
Other efforts to prop up the Board include a proposed rule requiring employers to display
a poster describing rights under the NLRA; a more aggressive stance on social media policies
that prohibit employees from discussing sensitive issues on-line such as wages, benefits, working
conditions, and supervisory treatment; challenges to traditional “at-will” provisions; and
procedural changes that would result in “quickie elections” designed to reduce the time
employers have to educate employees when faced with union organizing activities.
Given the more aggressive marketing effort by the NLRB to encourage and protect
concerted activity among non-union employees, employers should review their policies and train
supervisors on these recent developments, which have converted long followed practices into
violations of federal law. For instance, the Board has taken the position that any policy that
could reasonably chill an employee’s right to exercise rights guaranteed under the NLRA is
unlawful. Examples include, broad non-disparagement policies; prohibitions on discussing
wages, benefits, or working conditions; prohibitions on the use of a company’s logo; requiring
company permission before posting comments on line; requiring the reporting of any
inappropriate comments; and restrictions on “friending” non-management co-workers.
Violations can lead to reinstatement, back pay, and the posting of notices informing the
workforce of the violation and their rights under the Act.
Protected Concerted Activity, to educate non-union employees of their rights under the National
Labor Relations Act (NLRA). In particular, the site discusses the right of employees to act
together for their mutual aid and protection even if they are not unionized, and encourages non-
union employees to contact the Board for help. Specifically, it states, in part: “[t]he law we
enforce gives employees the right to act together to try to improve their pay and working
conditions or fix job-related problems, even if they aren't in a union. If employees are fired,
suspended, or otherwise penalized for taking part in protected group activity, the National Labor
Relations Board will fight to restore what was unlawfully taken away. These rights were written
into the original 1935 National Labor Relations Act and have been upheld in numerous decisions
by appellate courts and by the U.S. Supreme.”
The webpage is part of an on-going effort by the NLRB to breathe new life into a law
largely ignored by non-union employers, and expand the role of the Board into areas outside its
traditional focus of regulating union-management relations, as less than 7% of private sector
employees now belong to a union.
Other efforts to prop up the Board include a proposed rule requiring employers to display
a poster describing rights under the NLRA; a more aggressive stance on social media policies
that prohibit employees from discussing sensitive issues on-line such as wages, benefits, working
conditions, and supervisory treatment; challenges to traditional “at-will” provisions; and
procedural changes that would result in “quickie elections” designed to reduce the time
employers have to educate employees when faced with union organizing activities.
Given the more aggressive marketing effort by the NLRB to encourage and protect
concerted activity among non-union employees, employers should review their policies and train
supervisors on these recent developments, which have converted long followed practices into
violations of federal law. For instance, the Board has taken the position that any policy that
could reasonably chill an employee’s right to exercise rights guaranteed under the NLRA is
unlawful. Examples include, broad non-disparagement policies; prohibitions on discussing
wages, benefits, or working conditions; prohibitions on the use of a company’s logo; requiring
company permission before posting comments on line; requiring the reporting of any
inappropriate comments; and restrictions on “friending” non-management co-workers.
Violations can lead to reinstatement, back pay, and the posting of notices informing the
workforce of the violation and their rights under the Act.
