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Experts Advice on Human Resource Management

Experts Advice on Human Resource Management - Includes Human Resource Management section, including hundreds of human resource articles & Provides online advice and tools for dealing with employee evaluation and management.
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What Makes Employees Want to Stick Around?

Stifling employees’ expressions of union support could violate the National Labor Relations Act (NLRA). Even if it’s only expressed on a computer screen.

SENDING THE WRONG MESSAGE
“I like your screen saver,” Tasha Berringer said to co-worker Denise Logan.

“Thanks! I just thought it was better than the boring one that has been on this computer since I started here,” Logan chuckled.

Manager Devon Campbell heard the ladies talking and peered over the cubicle wall to get a look at the screen saver. What he saw were the words “Look for the U” scrolling across the screen.

“Denise, may I see you in my office please?” Campbell said to Logan.

“Is there something wrong, Mr. Campbell?” Logan asked as she followed Campbell into his office.

“Your screen saver is what’s wrong. I want you to change it immediately,” Campbell demanded.

“But why? What’s wrong with it?” Logan asked.

“It’s obviously meant to stir up trouble, trying to get your co-workers interested in joining a union. It has no place on a company-owned computer,” Campbell stated.

“I’m not trying to stir up any trouble!” Logan exclaimed.

“Good, then you should have no problem changing it,” Campbell ordered again.

“Everyone else gets to put personal messages on their screens. This isn’t fair,” Logan said.

“Like I said, your message has no business on a company computer. Take it off now. And I’m afraid I’m going to have to write you up for this,” Campbell continued.

“This is ridiculous!” Logan fumed as she stormed out of the office.

Logan took her anger to the National Labor Relations Board (NLRB). The Board found that Campbell violated her rights under the NLRA to disseminate support for the union. Reasons: A message that is comparable to union insignia — like a button, for example — cannot be prohibited unless special circumstances exist (such as when the insignia would be misleading to the public or the message would be detrimental to the image of the employer). In this case, the computer was in a workstation that was not generally visible to the public.

The court likened the screen saver to a company bulletin board. If messages of a personal or non-work-related matter are permitted, then messages of union support must be allowed. Campbell allowed personal messages, such as references to favorite sports teams, on other computers.

Screen saver advice: If your company does not have a policy regarding the proper usage of screen savers, the best way to avoid the perception of discrimination is to completely prohibit all personalization on screen savers. If this sounds too harsh for your workplace, partial restrictions should follow your company’s policy for traditional company bulletin boards.

WATCH YOUR MESSAGES
You don’t have to agree with employees’ views on unionization. Beware that you don’t express your opposition in a way that violates their NLRA rights, though. Here are some examples of right and wrong moves.

• You may comment on the possible consequences of unionization. The NLRB found that a manager’s statement during a union organizing campaign that the company was not making a profit and might have to close down if it had to pay higher wages did not violate the NLRA. It stated that the comment was “a lawful prediction of potential consequences of unionization” as set forth by the U.S. Supreme Court.

Note: Only truthful statements about what may happen as a result of unionization will pass muster with the NLRB. Exaggerating or making up potential consequences will almost certainly sink you in court.

• You may not promise benefits for voting against the union. One manager got called on the legal carpet after he made it clear to his employees that he would give them wage and benefit increases if they bypassed the union.

• You may not interfere with the distribution of union literature in non-work areas during non-work time. Both the NLRB and an appeals court found that a company violated the NLRA by preventing employees from passing out union literature at the entrance to the building. The area was not a work area; the employees were not disrupting operations; and they only distributed the pamphlets to co-workers, not customers or vendors.

• You may not terminate an employee for striking because of unfair labor practices. When managers at one company fired or threatened to fire several workers, coerced striking workers through the use of surveillance tactics, abandoned their efforts to improve the employees’ benefit plans, and refused to allow striking employees to return to work despite their unconditional offers to do so, the NLRB ordered the company to enter into good-faith bargaining with the union.

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