Slashdot Mirror
NRLB Redefines 'Your Own Time'
Doc Ruby writes "The U.S. National Labor Relations Board (NLRB) has ruled to ban off-duty worker 'fraternization,' at the employer's discretion. So getting together for a beer after work can now be prohibited by the boss. With IT workers so commonly producing some of our best work 'after hours,' even at home or in restaurants/bars, will this ruling come back to bite employers in the IT industry? Can they really stop you from talking with your cubicle neighbor on the bus home, if they can't even stop you from reading Slashdot while on the clock?"
...since the submission is extremely misleading and melodramatic, as usual.
NLRB ruling
The ruling does not universally allow employers to ban any and all off-duty interaction. It made a specific ruling, in its capacity of administering the National Labor Relations Act, that Guardsmark's ban on in-uniform, but off duty, fraternization ("dating or becoming overly friendly with") with clients and coworkers. The critical and key aspect of the ruling was that it allowed for the prevention of such inappropriate fraternization while in Guardsmark uniform. The NLRB ruling further stated that care must be taken such that this ruling is not misapplied as to have a "chilling" effect on employee's rights under Section 7 of the the Act.
The actual order is:
ORDER
The Respondent, Guardsmark, LLC, its officers, agents, suc-cessors, and assigns, shall
1. Cease and desist from
(a) Maintaining or enforcing a handbook provision prohibit-ing employees from registering complaints regarding their wages, hours, or conditions of employment with Guardsmarks' clients.
(b) In any like or related manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action which is necessary to effectuate the purposes of the Act.
(a) Within 21 days after receipt of this decision advise its employees, nationwide, that the handbook provision regarding registering complaints with clients is not to be understood as limiting the right of employees to engage in activities protected by the National Labor Relations Act.
(b) At a time when the employee handbook is to be revised or reissued, either delete the handbook provision prohibiting employees from registering complaints with clients, or modify the said language so that it does not prohibit activities protected by the National Labor Relations Act.
(c) Within 14 days after service by the Region, post at its San Francisco, California office copies of the attached notice marked "Appendix."6 Copies of the notice, on forms provided by the Regional Director for Region 20, after being duly signed by Respondent's representative, shall be posted immediately upon receipt thereof, and shall remain posted by Respondent for 60 consecutive days thereafter, in conspicuous places, in-cluding all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material.
(d) Within 21 days after service by the Regional Office, file with the Regional Director for Region 20 a sworn certification of a responsible official on a form provided by the Region at-testing to the steps that the Respondent has taken to comply.