The National Labor Relations Board is back in action again after being in limbo for a year-plus as Republicans and Democrats squabbled over President Obama's appointees. And HR professionals had best begin combing through their employee handbooks to root out anything that might smack of vagueness, coercion, infringements on personal rights and more.

So says labor law expert Steven M. Bernstein, partner, Fisher & Phillips. Bernstein represents employers in a wide range of labor matters and recently expressed some strong views about the NLRB's direction in a SHRM article on the board.

Bernstein predicted that the full-force NLRB will be examining employee handbooks, looking for:

|
  • Vague or ambiguous language.
  • Advance authorization before engaging in the conduct at issue.
  • Broad categories of prohibited or required conduct.
  • Any language purporting to restrict internal wage or disciplinary discussion.
  • Use of generic terms such as "unprofessional," "misleading" or "inappropriate."
  • Language compelling all employees to confine their concerns to management.
  • Blanket confidentiality provisions within the context of internal investigations.
  • At-will disclaimers precluding modification by anyone at any time.
  • Access rules reserving managerial discretion or requiring advance approval.
  • Solicitation restrictions extending beyond working time and working areas.

Why is the NLRB boring into handbooks instead of building a caseload of union-management disputes to resolve? Simple: There aren't many of those around any more.

Complete your profile to continue reading and get FREE access to BenefitsPRO, part of your ALM digital membership.

Your access to unlimited BenefitsPRO content isn’t changing.
Once you are an ALM digital member, you’ll receive:

  • Breaking benefits news and analysis, on-site and via our newsletters and custom alerts
  • Educational webcasts, white papers, and ebooks from industry thought leaders
  • Critical converage of the property casualty insurance and financial advisory markets on our other ALM sites, PropertyCasualty360 and ThinkAdvisor
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Dan Cook

Dan Cook is a journalist and communications consultant based in Portland, OR. During his journalism career he has been a reporter and editor for a variety of media companies, including American Lawyer Media, BusinessWeek, Newhouse Newspapers, Knight-Ridder, Time Inc., and Reuters. He specializes in health care and insurance related coverage for BenefitsPRO.