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  1. #11

    Default Re: Contacting Employer

    At Will but based on my research of several presentations to management and readings of cases it appears to me that I may have a case. My use of the electronic system per my research:

    For employers, this decision illustrates the risks associated with allowing employees to use employer-provided technology for non-work purposes. By allowing such use, employers may lose their ability to rely upon Register Guard to discipline employees who use employer technology for non-work purposes.

    First, the Board ruled that portions of Electronic Communications and Technology Policy violated the NLRA. The policy at issue stated, “[e]mployees should be aware that statements posted electronically […] that damage the Company, defame any individual or damage any person’s reputation, or violate the policies outlined in the [Employee Agreement], may be subject to discipline, up to an including termination of employment.” Id.at *4-*5. The Board reasoned that this violated the NLRA because employees could interpret the communications policy as prohibiting protected union activities.

    My research shows:

    with the prevalence of electronic messaging and social media in companies today, non-union employers should reevaluate their communications policies to ensure that they are not violating the NLRA with an overbroad policy. Even where no union is present, employers can commit unfair labor practices by maintaining electronic communications policies that could inhibit potential union activity.1

  2. #12
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    193

    Default Re: Contacting Employer

    "Protected Union activities", is your answer. You were not in a Union, you have no NRLB claim.

  3. #13

    Default Re: Contacting Employer

    My research also shows:

    with the prevalence of electronic messaging and social media in companies today, non-union employers should reevaluate their communications policies to ensure that they are not violating the NLRA with an overbroad policy. Even where no union is present, employers can commit unfair labor practices by maintaining electronic communications policies that could inhibit potential union activity.1

  4. #14
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    193

    Default Re: Contacting Employer

    Cite the reference source of FN 1.

  5. #15

    Default Re: Contacting Employer

    I am not familiar with the term FN1

  6. #16
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,899

    Default Re: Contacting Employer

    Okay.

    What activity protected by the NLRB were you involved in?

  7. #17

    Default Re: Contacting Employer

    Please explain FN 1 and I can post the source

  8. #18
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,899

    Default Re: Contacting Employer

    My question has nothing to do with FN 1 and I am very familiar with the policy you are trying to hang your hat on. So how about you answer my question and let the person who mentioned FN 1 explain it.

    Once more, what activity protected by the NLRB were you engaged in?

  9. #19

    Default Re: Contacting Employer

    . Even where no union is present, employers can commit unfair labor practices by maintaining electronic communications policies that could inhibit potential union activity. NLRB says:

    take a sworn affidavit related to reason for termination
    code of conduct
    treatment disparity ---> use of the electronic system for non-work purpose.
    comparison of others terminated for the same reasons ( same/similar)
    why terminated
    evaluate case law

  10. #20
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    193

    Default Re: Contacting Employer

    Quote Quoting DogDays5400
    View Post
    Please explain FN 1 and I can post the source
    After the last word of the last paragraph in post 13 "activity" there is a 1. This means "foot note", so you copied and pasted it from a source, cite it.

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