Employers need not read the tea leaves anymore about what employee handbook language the National Labor Relations Board (NLRB) general counsel considers to be prohibited. NLRB General Counsel Richard Griffin Jr. put the agency’s cards on the table in a March 18, 2015, report to NLRB regional directors that he said hopes “will be of assistance to labor law practitioners and human resource professionals.”
The general counsel is taking “an expansive view” of language that is prohibited by the National Labor Relations Act (NLRA), according to Steven Swirsky, an attorney with Epstein Becker & Green in New York City. And much of the language hasn’t been approved or disapproved by courts or the board, he added.
Nevertheless, reviewing the report should give HR professionals ideas on whether and how their policies should be changed, Swirsky added. He cautioned that employers “should not cut and paste,” as different companies will have different circumstances.
Unionized and nonunion businesses alike should pay attention. Swirsky said many employers tune out news about the NLRA because they think it applies only to unionized employers. A big reason for this report is to emphasize that the law also applies to nonunion environments, he remarked.
The following confidentiality rules are unlawful, and thus should not be included in any employee handbookd, Griffin said: Continue reading