The National Labor Relations Act (NLRA) allows employees to join with a union to organize your business. Regardless of whether or not your company is unionized, your employees have a right to engage in “protected concerted activity”.
The NLRB states on its website: The National Labor Relations Board protects the rights of most private-sector employees to join together, with or without a union, to improve their wages and working conditions. The NLRA entitles employees to engage in “protected concerted activities” as defied under the Act.
Activities are considered “concerted” when two or more employees act together to improve pay, benefits, working conditions, etc. or when one employee, after involving co-workers, acts or speaks on behalf of others.
Section 7 of the NLRA states: “Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities.”
>> Jump to our contact form to receive more info on EAF membership
In recent years, the National Labor Relations Board (NLRB), which enforces this law, has issued a number of verdicts which may affect your handbook policies.
1) Discussing Pay – Employees have the right to discuss wages, benefits and other working conditions. Policies interfering with that right are considered a violation of the NLRA.
2) Social Media – Overly broad social media policies that inhibit an employee’s ability to freely discuss working conditions…including how they feel about their supervisor…are prohibited.
3) Employment-At-Will – Employers with employment-at-will policies need to review them to make sure there is a statement that allows an executive of the organization to alter the at-will relationship.
4) Solicitation – Solicitation policies have to be written in such a way that they don’t “chill” an employee’s ability to organize other employees to join a union.
5) Email – Even though the email and computer systems belong to the company, the NLRB has ruled that employees must be allowed to use the company’s email platform to discuss pay, benefits and other working conditions as well as encourage employees to join a union.
Last year, the NLRB’s General Counsel issued a memorandum summarizing recent Board rulings and providing employers with alternate, acceptable wording for various handbook policies.
Employers that interfere with employees’ right to engage in protected concerted activities may find themselves charged with an Unfair Labor Practice. This type of charge would be heard and decided by the NLRB.
In recent years, the NLRB has issued rules that make it easier for unions to organize an employer. The so-called “ambush” election rules expedite the timeframe in which an election will be held after a petition for representation has been filed by the union. A timeframe that used to be approximately 44 days has been reduced to no more than 22 days from the time a petition is filed until an election is held. This doesn’t allow an employer time to effectively present its case as to why a union may not be in the best interests of the employees. Because of this, it is recommended that employers regularly communicate with employees about why certain decisions are made regarding working conditions and reassuring them that the company’s compensation and benefits packages are competitive with the area and/or industry.
EAF provides a comprehensive Labor Relations toolkit on the members-only section of its website. Login and learn more about this law and how it affects your organization.
Interested in EAF Membership? Join now and receive 10% off NEW Member Dues!
Use PROMO CODE: EAFRocks on your Member Application.
(Promo expires August 31, 2016, restrictions apply)
