Human Resources Consulting - Columbia SC

The National Labor Relations Board (NLRB) Continues
Its War on Employee Handbooks

On November 4, 2016, the NLRB issued a cease and desist order to Andronicus Industries. The issue was that the company had an employee handbook which contained language that the NLRB found to be unlawful. Specifically, the handbook contained language which:

  • Prohibited the disclosure of confidential Company information
  • Prohibited employees from wearing clothing with words, slogans and/or pictures that may be offensive to other employees or guests
  • Prohibited internet usage during company time
  • Prohibits emails which contain copyright infringing materials

On November 8, 2016, the NLRB issued a cease and desist order to Component Bar Products. In this case the employer again had an employee handbook which contained language that the NLRB found to be unlawful. Specifically, the handbook contained the following statements:

  • The handbook prohibited “insubordination or other disrespectful conduct”
  • The handbook prohibited “boisterous or disruptive activity in the workplace”

In prior cases, the NLRB has determined that the following statements constitute unlawful handbook policies or procedures:

  • 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.
  • Employees must avoid the use of offensive, derogatory or prejudicial comments when utilizing social media sites.
  • Employees must not make insulting, embarrassing, hurtful or abusive comments about other company employees while online.
  • Material that is fraudulent, harassing, embarrassing, sexually explicit, profane, intimidating; defamatory or otherwise unlawful may not be sent by email.

The reasoning behind these decisions is that, in the opinion of the NLRB, these types of policies infringe upon employees protected rights as defined in Section 7 of the National Labor Relations Act (NLRA).

The NLRB highly suggests that 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 revised and distributed to all employees. Managers should be trained on these changes.

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Paul Hilton, Human Resources Consulting, LLC
Columbia, South Carolina
Office: (803) 481-9533
Cell: (803) 305-8962 

Paul Hilton, Human Resources Consulting, LLC