National Labor Relations Act Applies to Both Union and Non-Union Shops
There’s a common misperception among employers the rules and regulations set forth in the National Labor Relations Act cover only companies that have union employees. While the National Labor Relations Board (NLRB) has customarily given more scrutiny to companies with union employees, and while the NLRA is typically thought of as the federal law that guarantees rights with respect to unionizing and collective bargaining, there are nonetheless areas where the NLRA poses concerns for non-union shops. Given the NLRB’s recent move toward a broader application of the law, it’s important for all employers to be vigilant.
The Application of the National Labor Relations Act
The provisions of the NLRA apply to most private sector employers and guarantee the right of workers to engage in “concerted activities” that include not only collective bargaining, but “other mutual aid or protection.” That can include any efforts by two or more employees to address conditions of employment, such as wages, benefits, work schedules or other working conditions. An employer may not take any action to “interfere with, restrain or coerce” workers who try to exercise those rights. Threats, disciplinary actions, workplace rules and promises of benefits to workers can constitute interference under the law.
A common tool that employers use—the non-disparagement clause—has been determined by the general counsel for the NLRB to carry the potential for violating an employee’s rights under the NLRA. A recent ruling by NLRB counsel suggests that only a “narrowly-tailored” non-disparagement clause that prohibits statements that are maliciously untrue will avoid violation of an employee’s rights under the act.
Let Stephen Hans & Associates Handle Your Employment Law Concerns
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