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Edited on Tue Jan-27-09 03:22 PM by happyslug
The sole exception being unionization efforts (and even that has to be when you are NOT technically working i.e. only discussed when it does NOT interfere with you doing your job). They are other exceptions, for example gathering evidence of discrimination to present to your employer but like Unionization restricted if it interferes with what you were hired to do.
Now, the exception to the exception (i.e. employers can restrict union talk if it interferes with you doing your job) is restricted. The rule has to be reasonable and no intended to cut off ALL conversation on unionization efforts, just restricts it so you get to do your job (I.e. the rule can NOT apply at any break times, either official or un-official or any other time where it can be shown NOT to interfere with the job you were hired to do). The National Labor Relations Board gets to decide this issue on a case by case basis, but most employers know the rules and makes sure the rules restrict people talking about any or all things NOT just unionization (Most employers don't forbid unionization talk, just bans any talk when customers are present or when any talk interferes with safety or when it interferes with business). At all other times unionization talk is permitted.
Now, what is Unionization talk? Unions maintain that includes talking about each other wages, a topic most non-union employers forbid. Most employers will NOT file anyone over it, for fear that such a person will contact a union (Or worse had been in contact with a union) and get them to file a complaint with the National Labor Relations Board. The problem is most employees do NOT know this so follows the Employer's policy. If I was an employee I would check with a union to see if they will support me before I start violating a company policy about talking about wages (You will need the lawyer to file the complaint and get your job back, which is one of the reason you have a union, to be able to afford the legal costs of standing for your rights).
Yes, this did NOT start out as a union thread, but it became one for it is the biggest exception to the rule the employer can impose any restrict it wants on its employees when it comes to topic of discussion while at work.
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