NLRB Guidance on Employer Handbooks

by Dr. Di Ann Sanchez | Nov 15, 2015 | Human Resources

p>The National Labor Relations Board (NLRB) has recently given guidance to employers regarding Section 7 rights of the National Labor Relations Act (NLRA).  The NLRB offered employer guidance on language employers should not consider including in their employer handbooks.

What is NLRA Section 7 Rights?

Policies Employers Should Consider for Review!
The NLRA Section 7 applies to both union and nonunion employers, guarantees employees the right not only to bargain collectively, organize, form, join, or assist labor organizations, but also the right to engage in “other concerted activities” for the purpose of collective bargaining or other mutual aid and protection. Section 8 of the Act then makes it an unfair labor practice for an employer to “interfere with, restrain, or coerce” employees in their exercise of these rights.  Section 7 grants employees the right to communicate about wages, hours, and any other terms and conditions of employment. This communication may occur among coworkers at the company locations or with other third parties on social media.

When reviewing employer policies and practices for compliance with the Act, the NLRB determines whether a rule would have a “chilling effect” on employees’ Section 7 activity. The Board determines whether employees would reasonably construe the policy to prohibit or restrict their activity. Consequently, the NLRB’s broad interpretation of Section 7 rights has placed all sorts of employer policies under scrutiny.