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The Federal ALJ says that confidentiality and non-discrimination provisions in the employment contract violate the NLRA.
The National Labor Relations Board has become the preferred body for workers to dispute the usual labor guidelines and practices that affect their right to organise or implement collectively barred actions, as detailed in EmployNews in recent years. Early this year, an administrative judge found that confidentiality of standardised information and the usage of languages in an employee contract also infringed Section 7 of the NLRA.
Mr Quicken Loans v. Garza was submitted by a deceased mortgages consultant who had been indicted by Mr Quicken for breach of the company's obligations to provide restricted loans following termination of work. She responded by filing an unfair complaint with the NLRB, alleging that her contract of contract, which was a requirement for Quicken's appointment, included limitations that would affect workers' right to organise or implement collectively agreed actions.
In particular, it referred to the limitation of confidentiality in the Treaty to personal information, comprising staff schedules and staff contacts. It also argued that the section on non-violation of the Accord prevented Quicken's staff from criticising or mocking Quicken, his company or his people. ALJ consented and concluded that the Memorandum of Understanding was an illegal working practise under Section 8(a)(1) of the NLRA.
According to the court, the limitations on sensitive information could hinder those staff members who want to sit down to talk about working time. A non-discrimination clause could persuade an associate, while reviewing his condition, that a complaint about working condition, covered by law, would violate the contract of work. This type of confidentiality arrangement is designed to avoid a leaving worker making it easier for a rival to recruit by limiting his or her ability to obtain personal files.
Genuine non-verifying languages aim to publicly mock employers and their workers, not bargain collectively. ALJ never found that Quicken had used these rules or was threatening to use them in labour issues. Nor did the court rule that the claimant had brought this action after being charged with infringing the conditions of the contract of service on grounds unconnected with the prerogatives of Section 7.
Meanwhile, workplaces using default labor agreements may consider defining sensitive information that does not contain specific staffing schedules and contacts. It could also contain a reference in the contract of employment to the fact that none of its terms should be interpreted as restricting workers' NLRAs.