Obama's Appointees to the National Labor Relations Board Releases a Listing of Illegal Handbook Policies

Several weeks ago, the General Counsel of the National Labor Relations Board (NLRB) sent a 30 page memorandum to all Regional Directors, Officers in Charge and Resident Officers concerning recent Board decisions on employer handbook policies and rules which have been declared illegal by the Board. The types of policies or rules which are most frequently at issue are confidentiality rules, professionalism rules, anti harassment rules, trade mark rules, photocopy/recording rules and media contact rules.
 
Below is a listing of some of the handbook policies or company rules which have been determined to be illegal by the NLRB. If a company has any of these, or similar, statements in their handbooks or other policy or procedure manuals, the company should consider the immediate removal of these or similar statements. Handbooks and other policy manuals should be immediately revised and distributed to all employees. Managers should be trained on the changes.
 
The NLRB has determined that the following statements constitute unlawful handbook policies or procedures. Any employer who is caught having these or similar statements in their employee handbooks or policy manuals may be subject to fines, penalties or other sanctions.
 
Employees must not discuss customer or other employee information outside of work, including telephone numbers and addresses.

Employees must not discuss wages, salaries, benefits or other terms and conditions of work with other employees or anyone outside the company.

Employees must never publish or disclose the employer's or another's confidential or otherproprietary information.

Employees must never publish or report on conversations that are meant to be private or internal to the organization.

Employees must never share overheard conversations at the work site with your coworkers, the public or anyone outside the organization.

Employees are not allowed to use defamatory, libelous, slanderous or discriminatory comments about the company, its customers, competitors, employees or management.

Chronic resistance to proper work related orders or discipline, even though not overt insubordination, will result in discipline.

It is Important that employees practice caution and discretion when posting content on social media sites that could affect or damage the employer's operations, business relationships or reputation.

Employees must not make insulting, embarrassing, hurtful or abusive comments about other company employees while online.

Employees must avoid the use of offensive, derogatory or prejudicial comments when utilizing social media sites.

Material that is fraudulent, harassing, embarrassing, sexually explicit, profane, intimidating, defamatory or other wise unlawful may not be sent by email.

Employees are not authorized to speak to any representatives of the print, electronic media or government investigators about company matters. All inquiries must be referred to the Marketing Department.

Employees may not use any company logos, trademarks, graphics or advertising materials on any social media sites.
Company logos and trademarks may not be used without written consent.

Employees are prohibited from wearing cell phones, making personal calls or viewing or sending texts while on duty.

Walking off the job is prohibited and may lead to termination.

Employees may not engage in any action that is not in the best interest of the employer.

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Paul Hilton is a certified Human Resources Consultant, located in Columbia, SC.
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