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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