Office Workers Up In Arms Over the Stolen-Lunch Crisis

Posted by Molly DiBianca On September 24, 2008 In: Human Resources (HR) , Humor

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Sound the Cubicle Battle Cry!  You've been victimized once again by the Refrigerator Raider.  After you waited patiently through the tedious morning hours, the noon hour has at long last arrived.  As you speed-walk to the min-cafe, your mouth begins to water at the thought of the heavenly goodness you're about to enjoy in the form of a turkey sandwich, cheese and mustard, on rye toast.  Heaven. 

But, your heat rate quickens as you push through the plastic grocery-store bag that contains a peach-flavored La Yogurt, or a brown bag that is home to a lone single-wrapped slice of American cheese and a can of Diet Coke.  Where is your lunch?  The sandwich that you made with your own two hands--even taking the time to toast the bread.  For the love of God, is there no mercy? 

No.  There is no mercy when the office thief attacks the fridge and your lunch becomes a fallen victim.

If your lunch has ever been pilfered by a criminally inclined coworker, this is a story for you.  Over the summer, we learned that office workers across the country have had their brown bags burglarized by a stealthy sneak of an employee.  (See Just Put Down the Brown Bag and Slowly Step Away From the Lunch).  According to one survey, workers almost unanimously agree that the lunch-box thief is the lowest of the low.

Well here is a solution--a way to fight back!  Courtesy of Lifehacker, an Anti-Theft Lunch Bag to deter sandwich thieves in corporate office parks across the country.   Instead of trying to prevent them from stealing your coveted mid-day meal, instead, convince the devilish office gremlins that they don't really want to steal your lunch. 

It's brilliant, isn't it?  Rise up, office mates!  Raise up your plastic cutlery in unison!  Demand better!  Demand that your turkey-on-rye never again be snatched from its home on the middle shelf! 

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Lock Down the Office Supplies--Here Come Undervalued Employees

Posted by Molly DiBianca On July 8, 2008 In: Human Resources (HR)

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Employees who feel cheated by their employers have their own way of fighting back.  According to a new survey, employees who believe that they are not properly compensated (either in money or in positive feedback), will find other ways of getting paid.  And it starts in the office-supply cabinet. 

pencils

The survey reports that nearly 20 percent of American workers take office supplies and only 22 percent of those who do feel bad about it.  But 74 percent knew that stealing is wrong. 

The most popular goods to steal are:

  • pens, pencils, and rules (67%);
  • paper and Post-its (57%); and
  • calculators, staplers and tape dispensers (11%).

The theft of expensive items, though, such as laptops, PDAs, or cell phones, has increased this year from 8% to 15%.

According to HR Executive, theft can be attributed to "stress, long hour, and an inflexible schedule."  People were more likely to adhere to ethical standards if they had a healthy work-life balance.  Employees who don't feel appreciated return the favor by hurting the company in return.

Jerks-At-Work Expert Confirms Fridge Raiding Is #1 Worst Workplace Incivility

Posted by Molly DiBianca On July 2, 2008 In: Human Resources (HR) , Jerks & Bullies at Work

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The topic of "Jerks at Work" is one of my favorite. Why co-workers and bosses act like jerks.  Why employees don't get in trouble for being jerks.  What to do about a jerk at work.  And why employers should face jerks at work head on.  

Hand-in-hand with Jerks at Work is the topic of Workplace Etiquette--or lack thereof.  The sheer volume of workplace affronts workers must confront daily can be overwhelming.  Not to mention the incredible variety of crude, rude, and downright discourteous conduct in the workplace is alarming. 

I posted earlier in the week about a report from The Ladders.com about which of these numerous breaches of office etiquette employees took most personally.  I was surprised to learn that the #1 most offensive exhibit of bad manners is lunch theft!  That's right, your coworkers just cannot, will not, shall not, tolerate the extraordinary disrespect they equate with the office refrigerator raider.  Apparently, across the country, rogue employees, surely outcasts of mainstream office-worker society, are sneaking into the closest kitchenette and snatching your left-over lasagna.  (See my earlier post, Put Down the Brown Bag and Back Away From the Lunch).

According to a post earlier today, An Anti-Rudeness Warrior On Handling Jerks at Work, by Tom Weber at the WSJ Blog, there is an "expert" who can speak to both issues--Jerks and Lunch Theft!  Dr. P.M. Forni, author of The Civility Solution and Choosing Civility: The Twenty Five Rules of Considerate Conduct, has started a campaign of sorts to convert the Jerks of the world to conduct themselves with a bit more respect.  You can read all about his mission at the Johns Hopkins website devoted especially to Civility.

But, much to my delight, in Weber's interview with the Doctor of Do-Right, he concurs that the severity of the "sandwich situation" has really gone too far.  He gives the following advice to help us cope:

The Civility Solution

Buzzwatch: What’s the most common workplace rudeness question you hear?

Dr. Forni: At the very top of the list, a common act of incivility is that of taking credit for other people’s work. At the top of some other lists is the person who takes food from the office refrigerator, or takes a bite from another person’s slice of pizza in the office fridge and then puts it back. That’s not to be taken lightly, but I don’t think it’s as egregious as taking credit for someone else’s work.

Buzzwatch: How would you handle that?

Dr. Forni: Depending on how egregious it was, I would start with the culprit. I would say, give the culprit some benefit of the doubt and say, “You failed to mention that a good part of the report was done by my office under my direction. It was a collaborative effort and I think the boss had the impression instead that the bulk of the work was done by your group. I think we should rectify that impression.” The burden is on that person to send an email to the boss with a carbon copy to you.

If the culprit is reluctant to set the record straight, then you go one rung up the ladder and you explain to the supervisor what happened and say that you owe it to yourself and to your team that she, the boss, know exactly how the plan came into being. You do this without being judgmental about what the colleague did, without using harsh words, without revisiting in a blaming way what your colleague did or did not do. Stay focused on the issue that this is the version of the facts that the boss needs to hear.

Source:  An Anti-Rudeness Warrior On Handling Jerks at Work

100 of the Best Leadership and Management Blogs

Posted by Molly DiBianca On July 1, 2008 In: Employee Engagement , Human Resources (HR) , Internet Resources

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100 great blogs all in one place!!  Is it possible? Well, of course.  Right here at Delaware Employment Law Blog! Under the "Resources" tab at the top right of our home page, the "Blog List" gives you access to more than 160 blogs, all in one place.

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HR World has done the same thing, so double your blog intake. 

Here are some of my own favorites from each of the categories:

Leadership:  Wally Block's 3-Star Leadership Blog has always regularly updated and sophisticated content on a broad range of topics relating to leadership and business management. 

Creativity & Inspiration:  I've mentioned before my admiration for David Zinger, who's responsible for the Slacker Manager blog.

Self-Awareness:  Be sure to check out the blog of Marshall Goldsmith, executive consultant and author of What Got You Here Won't Get You There.  But don't forget Seth Godin's Blog, which is wildly popular and only getting hotter,  or David Maister's Passion, People, and Principles.

Development, Marketing and FinanceManaging Leadership, The Strategic Role of the Senior Executive, is a recent addition to my blogroll with insightful and intelligent commentary. 

Using Technology:  The Web Worker Daily is always content-rich--in quantity and in quality.

Getting Results:  Smart Talk on Conversation by Susan Bird focuses on employee and customer engagement with word-of-mouth marketing, interactive dialogue, and social networks.

Branding:  The Engaging Brand Blog: Employee-management tips permeate this blog by Anna Farmery, speaker and social-media coach.

Women:  The Power of the Purse: Fara Warner finesses on how companies can cater to “the world’s most important consumers”— women.

Who Wears Sweaters in the Summer? Chilly Office Workers, that's Who

Posted by Molly DiBianca On July 1, 2008 In: Human Resources (HR)

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What's the #1 complaint about workplace conditions?  Chilly temperatures.  A segment on the Today Show, "Is Your Office Too Chilly?" confirms William Bowser comments in an earlier post, Is It Just Me Or Is It Hot In Here? What's the Deal With the Office Thermostat? about employees who complain about the frigid conditions they face throughout the year. 

freezing thermometer

The program featured a segment about the perpetually cold offices and the lengths to which employees will go to warm up.  From fleece jackets, to wooly blankets, to portable space heaters, nothing is much when it comes to temperature. 

The segment also mentioned the study to which Bill earlier referred--that cold temperatures make employees less productive.

And, to end the dispute once and for all (yeah, right), they give us the "ideal temperature" for an office environment:  Between 69-70 degrees.  Even then, though, there will still be 10% of the office population who is unhappy.  5% will be too cold and 5% will be too hot. 

The Office Thermostat Wars will have to continue for now. 

Is It Just Me Or Is It Hot In Here? What's the Deal With the Office Thermostat?

Posted by William W. Bowser On July 1, 2008 In: A Better Workplace , Human Resources (HR)

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Sunday night, I had a meeting with about 10 people at my office.  When I arrived a few minutes before the meeting was scheduled to begin, it was clear that the air conditioning was not operating correctly.  For those not familiar with Delaware summers, no air condition is not a good thing.   The conference room was stuffy already and bound to get worse. I immediately adjusted the thermostat on the wall, no response.  A call to the night desk for assistance brought the bad news -- "the air-conditioning system is shutdown at 6 o'clock on Sundays until the next morning." 

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The guard at the desk then added, "it's hot down here too."  Misery loves company.

As I suffered through the meeting, with the lights dimmed to keep the conference room as tolerable as possible, my mind began to wonder.  I began thinking about how office temperature is a very frequent topic in our office.  Somebody is always complaining that it's either too hot or too cold.

After the meeting, I did some quick surfing of the Internet.  Turns out that the Sunday New York Times has an article on the topic of office temperature.  The article explores why some workers (usually female) are more likely to be cold and why some (usually male) employees complain that the office is hot.  It also cites a Cornell University professor who says that raising the office temperature from a chilly 64 to a balmy 77 increases productivity and lowers mistakes. 

As I type this post, everything has returned to normal. The thermostat in my office is appropriately turned down to 65 and the office is becoming nicely chilled.  It won't belong before someone enters with the familiar refrain "what do you have this thing set at?"  In the past, my usual response has been, "I don't know, I didn't touch it."  

But maybe a new response is appropriate, given my obsession with going green at work and at home, and my new-found knowledge about the correlation between office temperature and employee productivity?  . . . Naaaaaah.

Just Put Down the Brown Bag and Slowly Step Away From the Lunch

Posted by Molly DiBianca On June 23, 2008 In: Human Resources (HR) , Humor

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Employees in cubicles across the U.S. take lunch very seriously.  Especially when it's their lunch.  And especially when their lunch is swiped from the fridge in the lunchroom.  Nearly 98% of employees surveyed said that eating someone else's food from the office fridge was unacceptable. 

brown bag lunch no food

When asked what was the most offensive breach of office etiquette, respondents were nearly unanimous in their agreement.  The "fridge raid" took the first-place prize for the Number 1 worst office behavior. 

Taking second place at 96% is bad hygiene.   And a variety of bad-manner conduct made up the rest of the most cited offenses.  The bad habits that are most likely to get you fired include:

  1. Drinking on the job;
  2. Wastefulness with paper;
  3. Swearing in the office;
  4. Cooking smelly food in the office microwave; and
  5. Using Blackberry devices at meetings.

I was surprised to see #2, wasting paper, on the list.  I wouldn't have guessed that coworkers paid that much attention to others' paper usage.  But I think it's a positive sign.  Yes, really.   I'd dare to say that the fact that wastefulness with paper appears on this list is actually a strong indication of engaged employees

What's the connection?

Wasting paper is wasting company resources.  If employees are getting angry with their coworkers who waste company resources, it seems to me that they are invested in the company's fiscal health. Conversely, when employees flip over to the dark side and become disengaged and bitter, there's almost a satisfaction in wasting company resources.  It's a silent, albeit relatively small, way to "get back" at their employer.  So take it as a positive sign if employees take offense when others engage in miniature assaults against the organization.

Perdue Farms Settles Failure-to-Hire Lawsuit and Laments Failure to Document

Posted by Molly DiBianca On June 17, 2008 In: Discrimination , Documentation , Hiring , Human Resources (HR) , Interviewing , Legal Updates , OFCCP , Race Discrimination

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Good documentation practices during the hiring process can help employers avoid a failure-to-hire claim.  And that's a good thing, considering that failure-to-hire claims are costly. Just ask Perdue.  The poultry company has agreed to a pay out of more than $800k to settle a claim of disparate impact arising from what the DOL concluded to be systematic discrimination against non-Hispanic job applicants. 

 perduelogosmall172x128

Disparate Impact Claim

A Labor Department news release states an evaluation in 2005 and 2006 by the Office of Federal Contract Compliance Programs (OFCCP) found the Salisbury-based company failed to comply with federal employment laws at its poultry processing plants in Rockingham, N.C., Dillon, S.C., and Monterey, Tenn. (The OFCCP has jurisdiction because Perdue supplies poultry under a federal contract to the U.S. Department of Agriculture.)

The settlement agreement will require Perdue to pay $800,000 in back wages and interest to 750 women and minorities who were not hired during the relevant time period.  The company also will make employment offers to some of those who were not hired but who are still interested in employment with Perdue.  In those cases, the employees will receive retroactive company service dates for purposes of benefits and promotion rights. 

 

Documentation Regrets

Perdue officials denied the allegations on the basis that many applicants were unqualified for employment or withdrew from consideration for employment.  They stated that the company agreed to a settlement only to avoid protracted litigation, according to the company. The VP of HR said in a company statement:


Perdue is committed to treating all job applicants fairly. We regret we did not more carefully document our hiring process for production associates, which led to these concerns by the OFCCP and, ultimately, to this settlement.


Perdue has implemented new procedures to ensure it retains all relevant documentation of its selection processes and is also conducting training of its human resources staff to assure appropriate implementation of Perdue's hiring and employment practices, according to the company statement.

Interviewing Best Practices

Interviewing is one of the most neglected areas in employment law.  When I teach seminars on lawful interviewing, I will inevitably see faces filled with shock and despair as they realize just how many of the best practices have not been implemented in their organization. 

Documentation is key in hiring.  If you keep notes and records only on the people you hired, you will have nothing to refer to in a failure-to-hire claim.  And let's be honest, the ones you didn't hire are likely the ones who were the least memorable.  Can you remember candidates you interviewed and rejected in 2005 and 2006? 

Without an established and consistent documentation and record-retention policy for the hiring policy, a failure-to-hire claim can be nearly impossible to defend.  Just ask Perdue.

 

Source:  Delaware News Journal, Gwenn Garland

Bad Reason #29 to Fire an Employee

Posted by Molly DiBianca On June 9, 2008 In: Cancer in the Workplace , Human Resources (HR) , Newsworthy , Severance Agreements , Termination

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There are good reasons to terminate an employee.  There are also plenty of bad reasons.  And then there are really bad reasons.  This story is an example of the latter. 

cops for cancer 2

A waitress in Owen Sound, Ontario, was "laid off" after she had her head shaved for a cancer fundraising event.

Stacey Fearnall (pictured) raised more than $2,700 for charity, but when she showed up for work and refused to sport a wig for her shift, her boss told her to take the summer off.

Her employer, Dan Hilliard, says his restaurant has certain standards prohibiting men from wearing earrings and requiring employees to keep their hair at a reasonable length.  Should she agree to wear a wig during her shifts, she's welcome to return.  If not, she should consider herself unemployed until her hair regrows to a "reasonable length."

Hillard acknowledges that his decision to not let Fearnall return to work has been a bit of a public relations disaster. But he stands by it nonetheless, insisting that he has received support from some customers who agree with him and say they would have been "appalled" to have been served at Fearnall's table. 

He also claims that Fearnall, a 27-year-old mother who also works a a plant nursery and as a caterer, was told in advance that the restaurant owners wouldn’t be pleased if she participated in the fundraiser and suggested she find alternative ways to support the cause.

Maybe it's just me but do any of these "reasons" sound legitimate?  This is yet another example of when something can be legally viable and just plain dumb at the same time. 

 

Source:  TheStar.com

Gender Discrimination & Dress Codes. Who wears the skirt, I mean, pants in your office?

Posted by Molly DiBianca On June 7, 2008 In: Dress & Attire , Gender Discrimination , Human Resources (HR) , Women In (and Out of) the Workplace , Workplace Policies

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Dress codes prefer males over females.  Ok, maybe not. But it's hard to deny that men who work in jobs that expect traditional, corporate-minded attire, certainly have far fewer choices than women.  And fewer choices can mean fewer mistakes.  Let's face it, a suit is a suit is a suit.  Granted, men can make some pretty bad choices about their tie-shirt combos but it's quite different than selecting accessories like earrings, necklaces, scarves, shoes, and the list goes on.

woman in skirt

I recently read a post by Laurie Ruetimann at Team Building Is for Suckers, which talked about an article in The WSJ  on the issue of women's choice for work wear and the effect it really has on their success.  Her post raised some interesting questions about whether there is a double standard when it comes to fashion choices by men and women. 

Among practicing attorneys, the belief that lawyers should "look like lawyers" remains firmly in place.  Even less conservative attorneys that I know would never consider going to see a client or giving a seminar in anything other than the traditional blue or black suit.  Brown doesn't cut it, for those of you who were wondering.

Personally, I have many times struggled with "what not to wear" as the show's title goes.  I, for one, take my fashion choices pretty seriously.  Ok, maybe even too seriously. But, knowing that I tend to be far more fashion forward than fashion conservative, I try to be especially aware that I don't cross the line--wherever that may be. 

The most grounding experience I've ever had regarding professional attire occurred before I ever was a professional.  The "memorable" and eye-opening encounter occurred during law school when I participated in a intra-school "moot court" competition (think debate team for lawyers in training).  My female teammate and I burned through our competition during the early rounds and suddenly found ourselves, unexpectedly, in the semi-finals. 

Our opponents, two men, were friends of mine.  They were also very good oralists and were taking the competition very seriously. The panel of judges were actually "real" judges, who volunteered their Saturday afternoon to attend the event, fire questions during our arguments, critique the speakers, and, in the end, declare the winners.  Our panel included two male and one female state court judges.  The men ranked significantly higher than the woman in the judicial hierarchy.

Our opponents went first and, without a doubt, were outstanding.  Then, it was our turn.  We gave an equally outstanding performance.  I was thrilled.  My family had come to watch and I was so proud to have made what I knew was a finalist-worthy argument.  I was excited to hear the critique of the judges but, honestly, did not particularly care whether we advanced or not. 

The satisfaction of performing at my best was satisfaction enough.

The judges gave our adversaries their critiques first.  As is the norm, they included both good and bad points.  Hearing the comments, I knew we were going to be declared the winners--all of the points where they had done poorly, we had performed at a top level. 

Finally, it was our turn and my teammate and I walked to the podium to hear from the judges. There was a true audience in attendance, too.  The family and friends of each of the four participants, as well as participants who had been knocked out in earlier rounds, and the hosts and volunteers running the event were seated in the auditorium style seats behind us.  I was beaming with pride.

The male judges spoke first. Each of their points were right on target.  They'd caught us when we'd struggled for answers or tried to evade their questions.  They commented on our demeanors and our use of eye contact. 

The female judge was the last to speak.  She began with my partner and then turned her comments to me.  She made a few, half-hearted introductory points, like, "Overall, your presentation was very competent."  Then the niceties were over.  She glared at me, looking over the rim of her eyeglasses, which sat perched at the end of her nose.  And, without emotion, she announced that we would not be proceeding to the final round. 

Without hesitation, she declared that she had voted for our opponents because I had not worn a skirt. 

A skirt. 

That's right.  I had worn a pants suit to the argument.  For no reason other than, at the time, it was the nicest suit I owned.  The one skirt suit I had was fairly worn and I wanted to make sure that I presented the best appearance possible. 

She explained in an almost angry tone that, if this was the real United States Supreme Court (instead of the mock trial version), would I have really shown up in pants?  She almost shuddered in disgust when she finished the sentence.  

Clearly, she went on, I had not taken this competition seriously.  It was a flagrant act of disrespect for me to make the fashion choice that I had made so flippantly. 

She continued on about the trials that the women before me had been forced to endure so that I could even attend law school today or have any shot at success in my chosen profession. She continued on. 

But, by that point, I was no longer listening.  I was fuming.  It took every ounce of self-control I could muster not to react.  I wanted to cry over the sheer humiliation I felt as she berated me in front of my mother, my father, and an entire room full of strangers.  More than that, though, I wanted to tell her that it was women like her that would force my daughters and granddaughters to continue to fight for true equality in the workplace.  Not the two men who sat beside her--they had been courteous and genuine when they spoke.  It was clear that they believed in each of the participants and felt a kind of true joy to see what would develop into the next generation of lawyers.

It was her, the only woman on the panel, and women like her, that the future generations had to worry about.

And what about now?  Now do I wear a skirt suit or a pants suit when I go before the Court?  I'll be honest and say that it is something I consider each and every time.

How the Current Economy Could Affect the Future of Flextime

Posted by Molly DiBianca On June 2, 2008 In: Alternative Work Schedules , Breaks , Flextime , Human Resources (HR) , Women In (and Out of) the Workplace

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Flexible work schedules (aka "alternative work schedules" or "flextime schedules") enable employees to work at varying times instead of the typical 9 to 5, 8-hour workday. This arrangement became popular as more career-women found they need some flexibility to deal with the hectic schedules of their families.  Not inclined to forego either, they forged the frontier of alternative schedules.  The future of flextime remains unclear.

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A few days ago, my colleague, Adria Martinelli, posted on the results of a recent survey (New Employer & Workplace Study on Flexible Schedules), which indicate the decline of flexible work schedules.  The survey reflects statistics from the last 10 years and reflects employers of various sizes located across the country. 

Adria raised an excellent point--is the decline in alternative schedules linked to the sinking economy?  Certainly, one can imagine that, right or wrong, some employers may believe that it is more costly to employ workers on a flextime program. 

Historically, there has been a common theory that it was not profitable to use this model because of the cost of overhead per employee.  In other words, every employee, regardless of whether they work 60 or 28 hours per week still needs an office or workstation and are still entitled to benefits such as health care and employer-sponsored savings plans.  It was thought that the administrative costs incurred in running the business remained flat while the bottom line earnings of the company could decrease as more employees worked less time.

But what if the troubled economic times actually caused an increase in flextime or alternative working schedules?  As the cost of gasoline has risen, so has the cost of living.  The American workforce has had to become more and more cautious about their expenditures, some employees even taking second jobs to stay afloat in the rocky financial waters.

To cut the costs associated with the daily commute, employees have started carpooling, taking public transportation, and increasingly turned to more gas-efficient cars instead of the beloved SUV.  But what if these measures are not enough?  How many more alternatives can there really be for employees overwhelmed by the cost of fuel?

One idea that may surface in the not-so-distant future is an alternative work schedule.  A four-day workweek, where workers pack 10-hour workdays into the first four days of the week and have the fifth day off, could become a popular option for the cost-conscious commuter.

In that case, a flextime schedule would save travel time (as much as 2 hours a week for many employees who drive into a city from the suburbs), gas money, and would give them an opportunity to work on that "work-life balance" they've heard so much about. 

NLRB’s General Counsel Issues Register-Guard Memo, Raising Further Questions on E-Mail Policies

Posted by Molly DiBianca On May 26, 2008 In: Human Resources (HR) , Labor

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E-mail has become the modern-day medium for union solicitation. Employers who restrict employees' use of company e-mail must do so in a way that does not violate Section 7 of the National Labor Relations Act (NLRA).  The National Labor Relations Board (NLRB) was asked to determine the limits of these restrictions in a case decided in December 2007, The Guard Publishing Company, d/b/a The Register-Guard, 351 NLRB No. 70 (Dec. 16, 2007) (Register-Guard). But the decision may have raised more questions than it answered.

The NLRB's Decision

In Register-Guard, the Board was asked to rule on the circumstances under which an employer may discipline an employee for personal use of the business' e-mail account. Restrictions, the union argued, constituted an unfair labor practice based on its discriminatory effect on union solicitation.

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The Board determined that an employer who restricted the use of its e-mail system to work-related business did not violate section 8(a)(1) of the NLRA when it applied this rule to Section 7 activity. The Board majority held that an employers email system is company property that employees have no statutory right to use. Although the decision offered some insight into the limits of e-mail usage policies, it was not the definitive resolution many had hoped for.

The Application of Register-Guard to the Unionized Workplace

Then, on May 15, 2008, NLRB General Counsel Ronald Meisburg issued a memorandum describing the Boards application of the holding in Register-Guard. Since the Register-Guard decision, Regional Officers have submitted discrimination cases involving company property to the Division of Advice. Labor and employment law blog, the Washington Labor & Employment Wire reports on the determinations reached by the Division of Advice:

  1. An employer did not violate the Act by enforcing a rule that barred union officials from sending e-mails to company managers outside of the facility. The union used the company's e-mail system to send broadly distributed messages to company managers outside the facility. The Division determined that the company' rule was lawful because it concerned how the union was permitted to use the employer's e-mail system and did not otherwise prohibit the union from engaging in protected communications.
  2. An employer's rule that prohibits solicitation for any purpose during work hours was unlawful when applied to union activity.  The employer inconsistently enforced this policy by permitting non-union-related solicitation activity including institutional and individual commercial solicitations, school fundraising solicitations, and personal solicitations. The Division reasoned that an employer may not discriminatorily enforce a facially valid no-e-mail-solicitation rule.
  3. A rule that was re-promulgated after union organizing activities began at the employer's site was a violation of the Act. After an employee sent emails about a union meeting, the employee was disciplined for misusing the employer's email system. Prior to sending the email, the employee checked with the employer's IT director to determine what was considered abuse of the employer's computer system. The IT director did not inform the employee that personal email or email solicitation was against employer policy.     The case initially settled after an investigation revealed that the employee was disciplined because of union activity. Subsequently, the employer again disciplined the same employee for sending another email with union-related content. The Division concluded that the employer re-promulgated its email rule for anti-union reasons, and discriminatorily enforced the rule against union activity.
  4. An employer violated the Act when it discriminatorily enforced its electronic communications policy against an employee. The employer terminated the employment of an employee after the employer learned that the employee was the author of an email sent to the employer's Board of Directors that listed concerns that employees had about working conditions. The employer alleged that the employee was terminated for inappropriately using the employer's computers in violation of its policy.           The Division found that the employer unlawfully discharged the employee for engaging in protected activities. The Division noted that the employer's email policy allowed reasonable personal use of the employer's computer and the employer permitted employees' use of the Internet, email, and other company equipment for personal purposes. Thus, the Division concluded that the employer disparately enforced its email policy.
  5. An employer violated the Act when it discriminatorily prohibited use of its employee bulletin board. A union organization event was held at one of the employer's stores during which union material was placed on a bulletin board within the store designated for employees. The bulletin board was used for personal and general non-work related matters. The union material was taken down and the employer later turned the bulletin board into a management-only posting site. The Division concluded that the facts established an anti-union motive because the timing of the employer's conduct and the actions themselves were directly in response to the union activity.

These decisions reinforce the presumptive rule: an employer may not use facially neutral rules to effectuate anti-union animus nor may an employer discriminatorily enforce rules to prohibit protected collective activity.

What Other Employment-Law Blogs Are Saying

Since the General Counsel's memo was released, several employment-law bloggers have given additional discussion to the limits of workplace policies on personal e-mail usage. Some of the most informative posts include The Manpower Employment Law Blog's post, "Everything You Ever Wanted to Know About the New Union Email Rules," which was subsequently picked up by The Laconic Law Blog. The Ohio Employers' Law Blog tells us "How to Apply the New E-Mail Solicitation Rules."   And, earlier in the month, the Workplace Profs Blog posted about the General Counsel's Memo.