Calvin Associates, Inc.

post »NLRB Again Rejects Employer Code of Conduct Provisions Requiring Positive Coworker Relations 6-1-16

June 13 2016, 4:59 pm

Bruce’s Summary: Section 7, again seems to have landed on its head with another NLRB ruling or rejection of an employer’s conduct policies intended to promote harmonious and productive working relationships among employees. According to the authors, the employer had in its policies language being, “a requirement that employees treat one another with respect, prohibited arguing among employees and required employees to demonstrate teamwork in their work with one another.”

However, according to the authors, the NLRB seems to have felt that the above type language used by an employer, “could be reasonably read by employees to interfere with their rights to engage in protected concerted activity” and concluded, “that the policies’ requirements were so ambiguous that employees would believe that attempts to change terms and conditions of work would subject them to disciplinary action.” The NLRB further stated, according to the authors, that labor disputes and union organizing activities frequently involve arguments, controversy and criticism. This is true, but with some guidelines that seem to be disappearing.

Remember those old words we’ve all heard over the years, “What’s the world coming to?” Well, keep watching, we’re almost there, it seems. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.”