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Discussing future termination - covered under NLRA? Nevada

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  • Discussing future termination - covered under NLRA? Nevada

    I have worked for a non-profit organization for 3 1/2 years. For the last year, 20% of my salary has been covered by a grant. Three of my coworkers were hired under the grant, and 100% of their salaries are grant-funded. It has been openly discussed among the grant-members and leader that our organization is considering hiring them once the grant expires Dec 31st.

    My coworker just told me that her boss told her that she and another grant-member will no longer work here after Dec 31st. My position was not discussed. I went to HR and asked them if my position were secure, and was told that it was.

    My coworker and her boss were called into HR. HR told my coworker that she could be dismissed immediately for discussing her employment with me.

    The National Labor Relations Act allows employees to discuss their salaries with each other. Is the above-described action likewise covered?

    (No, I have no horse in this race, I'm just worried that my actions could cause my coworker to lose her job without a chance of getting UI. For me, I've met my monthly quota of opening my big fat mouth!)

  • #2
    Section 7 of the National Labor Relations Act allows non-union workers as well as union employees to engage in protected concerted activities, i.e., activities involving two or more workers acting together with respect to working conditions.

    The threatened employee should contact the closest office for the National Labor Relations Board to inquire whether the NLRB General Counselís Office will consider filing an unfair labor practice against your employer.

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    • #3
      However, discussing funding for the organization is not protected nor is discussing a third party's employment status.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        Originally posted by ElleMD View Post
        However, discussing funding for the organization is not protected nor is discussing a third party's employment status.
        Thank you for making that point, ElleMD.

        And thank you ESteele for your response - much appreciated.

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        • #5
          What ElleMD was trying to convey to you was that contacting the NLRB is probably pointless.

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          • #6
            Ah! Thank you! I thought she was trying to tell me to keep my mouth shut!

            I guess I was simply looking to see if she could wave the NRLB flag when filing for UI, if it came to that. Filing a NRLB complaint for 10 weeks of pay might not be worth her time...and she wouldn't be interested in punitive damages. (Blood, turnips, etc)

            Thanks again.

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            • #7
              NLRB has nothing to do with unemployment. At all. The state makes the decision on unemployment and the only thing they care about is whether or not the reason for termination is one of the few for which she would be disqualified from receiving benefits.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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              • #8
                Which opens up more questions for me, ElleMD...but I'll not take any more of your generous time. She wasn't fired, my fears were groundless...maybe being fired for a company policy which violates NRLB rules is a good argument for a UI appeal, maybe not - it's certainly not a guarantee of being granted UI, since the two entities are not related.

                Thanks again for your response. I do appreciate you taking the time to clarify.
                Last edited by henbob6; 10-20-2011, 12:33 PM.

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                • #9
                  If you are on good terms with the employer's management, it might be useful to go over the NLRA rules. Those are easy rules to mess up, and it is always best to just follow the rules and stay out of trouble in the first place. The key is that employees talking together about their own wages and working conditions is protected speech. Any thing else, probably not. For example, it is perfectly legal to fire payroll people for running off their mouth about other people's wages. It is perfectly legal to fire someone for dissing your sport's team. These are real rules, but are tightly focused.

                  http://www.nlrb.gov/rights-we-protect/employee-rights
                  "Reality is that which, when you stop believing in it, doesn't go away".
                  Philip K. **** (1928-1982)

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