In a Dec. 15 decision, the National Labor Relations Board (NLRB) upheld a longstanding prohibition against coercively questioning employees before a legal proceeding.
Under the standard the board favored, the questioning can't be coercive and must occur in a context free from employer hostility to unionizing. The questions must not exceed the requirements of their legitimate purpose by prying into other union matters and eliciting information about an employee's subjective state of mind.
"Today's decision maintains a well-understood 58-year standard that has proven successful in balancing employer needs and employee rights, while protecting the integrity of the board's process," said NLRB Chairman Lauren McFerran. "Because of the strong possibility of coercion in an employer interview about unfair labor practice issues, employees need protection. This familiar, bright-line test is easy for employers to comply with and brings certainty to the administration of the National Labor Relations Act (NLRA)."
The board found that, during questioning, a lawyer for Sunbelt Rentals, an equipment rental company based in Fort Mill, S.C., failed to tell an employee that his testimony would not affect his job and failed to tell another employee that his participation was voluntary.
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Preventing Coercion
The NLRB reaffirmed its legal safeguards against coercion when an employer interviews a worker...
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