KemLaw

If you are an employer without a union or facing a campaign to organize one, you probably think you don’t need to worry about the National Labor Relations Act.

That is a false assumption.

The National Labor Relations Board has recently signaled that they’re interested in strict adherence to Section 7 of the Act as it relates to non-union employees.

In particular, employer policies pertaining to social media, confidentiality in investigations, solicitation and distribution, off-duty access, class action arbitration and at will-employment are getting far greater scrutiny now by the Board.

Just what is Section 7 about?

Section 7 of the National Labor Relations Act protects the rights of union and non-union employees to engage in concerted activities for their mutual aid and protection.

A recent decision by the Board regarding internal investigations highlights issues employers must keep in mind in all such instances.

• Review all forms, policies and procedures used for internal investigations.
• Eliminate blanket prohibitions on employee discussions of internal investigations and instead use language that protects confidentiality under circumstances identified by the NLRB or EEOC.
• In instances where enforcing confidentiality is not possible, employers may plan “blitz” interviews of staff – interviewing a number of people simultaneously or in rapid succession to avoid evidence contamination. Short term sequestration of employees during an investigation is also an option in certain circumstances – so as to curtail the ability of employees to discuss an investigation between them.

If you need help interpreting Section 7 from a employer’s vantage point, call a well trained Connecticut employment law attorney. Each of the attorneys at Kainen, Escalera & McHale have over twenty years of experience with these matters. And we are Connecticut’s leading employer defense law firm. Contact us if we can help you.

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