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NRLB Reigns In Employee Handbook Language

September 8, 2011 Leave a comment

As part of an agenda to give employees more control over the workplace, and to be able to air grievance about the terms and conditions of their employment, the NLRB has been attacking all sorts of company policies and procedures. This time they decided a case against Hyundai which as part of its order required the employer to change the language in its handbook as follows because it could “chill” the employees Section 7 rights under the NLRA:

(a) Within 14 days of the Board’s Order, revise or rescind the rules in its Employee Handbook under the heading Electronic Communications and Information Systems that contains the following language: “Finally, employees should only disclose information or messages from theses [sic] systems to authorized persons.”

(b) Within 14 days of the Board’s Order, revise or rescind the rules in its Employee Handbook under the heading Personnel Files that contains the following language:

“Any unauthorized disclosure of information from an employee’s personnel file is a ground for discipline, including discharge.

(c) Within 14 days of the Board’s Order, revise or rescind the rules in its Employee Handbook under the heading, “Employee Conduct” that contains the following language: “Voice your complaints directly to your immediate superior or to Human Resources through our ‘open door’ policy. Complaining to your fellow employees will not resolve problems. Constructive complaints communicated through the appropriate channels may help improve the workplace for all.”

(d) Within 14 days of the Board’s Order, revise or rescind the rules in its employee handbook under the heading,

“Employee Conduct” that contains the following language threatening disciplinary action for: “Performing activities other than Company work during working hours.”

Hyundai America Shipping Agency, Inc. (28-CA-22892; 357 NLRB No. 80) Scottsdale, AZ, August 26, 2011.