Question
Below you will find four provisions contained in an employee handbook in a nonunionized setting. Please explain whether and how any of these provisions violate
Below you will find four provisions contained in an employee handbook in a nonunionized setting. Please explain whether and how any of these provisions violate the National Labor Relations Act:
1 - Standards of Conduct
The following conduct is unacceptable:
- Being uncooperative with supervisors, employees, guests and/or regulatory agencies or otherwise engaging in conduct that does not support the Employer's goals and objectives.
- Divulging Employer-private information to employees or other individuals or entities that are not authorized to receive that information.
- Making false, vicious, profane or malicious statements toward or concerning the Employer or any of its employees.
- Unlawful or improper conduct off the Employer's premises or during non-working hours which affects the employee's relationship with the job, fellow employees, supervisors, or the Employer's reputation or good will in the community.
2 - Confidentiality Policy
- During the course of your employment, you may come into the possession of trade secrets or confidential information belonging to Employer, including customer lists and information, financial information, leases, licenses, agreements, sales figures, business plans, wage information and proprietary information. All of the information, whether about Employer, its customers, suppliers, or employees is strictly confidential. This information must not be disclosed to anyone, including family members, individuals outside Employer, or to any Employer employee who is not entitled to the information, either during or after your employment. Any doubts about confidentiality of information should be resolved in favor of confidentiality.
- Each employee's personnel records are considered confidential and will normally be available only to the named employee and senior management.
- It is not possible to provide a complete list of every possible offense that will, like unsatisfactory job performance, result in discipline, including discharge. However, in order to give you some guidance, an example of unacceptable conduct consists of the unauthorized disclosure or use of any confidential information about Employer, its employees or its customers, or any trade secrets that you have learned through your employment with Employer.
3 - Sexual Harassment Policy
Failure of any employee involved in the investigation of a harassment complaint to keep the complaint confidential shall be a separate violation of this policy. A separate violation shall also occur if any retaliatory action is taken against or directed at any employee that has made a harassment complaint. Violations will result in disciplinary action. Employer reserves the right to provide information regarding any harassment complaint or retaliatory conduct to the necessary legal authorities if Employer in its sole discretion, believes illegal conduct has occurred.
4 - Social Media Policy
Employees are prohibited from posting information regarding Employer on any social networking sites (including, but not limited to, Yahoo finance, Google finance, Facebook, Twitter, LinkedIn, MySpace, and YouTube), in any personal or group blog, or in any online bulletin boards, chat rooms, forum, or blogs (collectively, 'Personal Electronic Communications'), that could be deemed material nonpublic information or any information that is considered confidential or proprietary. Such information includes, but is not limited to, company performance, contracts, customer wins or losses, customer plans, maintenance, shutdowns, work stoppages, cost increases, customer news or business related travel plans or schedules. Employees should avoid harming the image and integrity of the company and any harassment, bullying, discrimination, or retaliation that would not be permissible in the workplace is not permissible between co-workers online, even if it is done after hours, from home and on home computers.
Please explain whether and how any of the provisions above violate the National Labor Relations Act:
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