Some Employee Handbook Provisions May Run Afoul of the NLRA
The National Labor Relations Board (NLRB) has been busy as of late, and in light of some of its recent actions, you may need to take a fresh look at your employee handbook.
The NLRB is charged with enforcing and interpreting the National Labor Relations Act (NLRA), the statute that governs relations between unions and most private businesses, including private colleges and universities. Section 7 of the NLRA establishes the right of employees working at private employers to act collectively, with or without a union, to improve pay and working conditions.
The NLRB’s recent interest in scrutinizing private employers’ employee handbooks stems from its concern that certain provisions in handbooks negatively affect, or “chill,” employees’ rights to engage in protected concerted activity. Since employees have a right to engage in such activity with or without a union, the NLRB may require changes to your employee handbook, even if your institution is not unionized.
In the On the Hill column in the current issue of CUPA-HR’s The Higher Education Workplace magazine, read about the recent cases, which employee handbook provisions the NLRB has found to be unlawful, and what may be coming down the pike.