Wage/Bonus discussions by employees

Apparently under federal, and some state, law you must permit (i.e. not prohibit) employees to discuss their wage or bonus with other employees. We have our annual "excellence sharing" distribution coming up very soon. Some time back I had made a copy of a Q&A box from a BLR publication (don't know which one) and given it to some key management individuals that referenced federal, etc. law in this, and advised HR staffers and supervisors not to warn ees to keep quiet about wages, bonuses, etc., and to remove any requirements for ees to maintain confidentiality about pay from ee handbooks, etc. Now the "top dogs" have come to me asking me to provide the "language of the law" on this. Any idea where I can find this? Need help ASAP!

Comments

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  • DURASUPREME: I believe you will find this information coming from (NLRB) NATIONAL LABOR RELATIONS BOARD. It may not be a specific law, but you will find that in every case the no "talkie rule" about one wages and discussions with other employee's is not defendable position when hauled BEFORE a judge to hear the case and to make judgement on your policy and procedures.

    We still have that thought in our procedures, but the ees do it anyway. It does cause a little anger when one discovers the unit compensation is not balanced. It is normal for these facts to come out and that is good because it then pushes the management chain to get to "kicking" on this subject. The best solution is to have a totally open system of compensation and not put some constraints in the system that the company can not manage.

    "NO TALKIE RULE" is one of those constraints!

    PORK
  • Hi durasupreme

    You are definitely in the right place for your question. x:) I did a quick search on the HRhero.com website and found a great article from the Virginia Law Letter that gives you the "ammunition" you need (i.e. documentation) for the higher ups.

    1. Go to the subscribers area.
    2. Once logged in, look to the right hand side of your screen.
    3. Under hot topics, you see a bullet for Union Organizing.
    4. Click on the bullet and it will take you to a new screen dedicated to the topic.
    5. Click on the link called, "Do the rules in your handbook violate Section 7 of the NLRA?".

    You should find the answer to your questions here & in an easy to read format.

    Mandi



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