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A National Labor Relations Board ("NLRB") Administrative Judge ("ALJ") decided on April 7, 2016 that five Dan Gilbert entities, among them Quicken Loans Inc., Fathead LLC, In-House Realty LLC, One Reverse Mortgage LLC, Rock Connections LLC and Title Source Inc. the " enterprises ", proclaimed a set of regulations in an staff handbook entitled " The Great Book " which employees could reasonably construe as affecting their right under Section 7 of the National Industrial Relations Act (the " Act ").
This NLRB case follows a claim by a former Quicken worker who claimed to have been dismissed by Quicken in reprisal for investigating whether to form a trade union. However, the NLRB has also found that the case did not go far enough. The NLRB Detroit Region examined the grievance and refused to submit a dismissal case, but instead lodged a grievance against Quicken regarding its staff manual policy.
ALJ found that many of the Big Book regulations violate the NLRA because they were so broad that it would have been sensible for staff to come to the conclusion that companies were restricting their right under the law to discuss the condition of their jobs and to interact with each other.
Some of the staff were given advice by the 200-page Big Book: ALJ firmly believed that it was reasonable for staff to believe that an in-house and marketed staff handbook should be an authoritative handbook with a set of guidelines for staff to adhere to. Rather than impose a penalty, the ALJ ordered the companies to make 24 changes to their staff regulations and to publish a four-page notification to inform staff that the companies had committed errors.
It is also intended to alert staff to their right to organise. It' important to remember that the ALJ has ordered the publication, although the corporations have lifted all Big Book releases before the judgment. Enterprises have already appealed. It is likely that the case will next go before the full five-member NLRB executive in Washington, D.C., and later before the U.S. Supreme Court if businesses file an appeals against a decision in the near-term.
Read your staff handbook and make sure that the regulations are not too wide. When you are not sure whether something is too wide, contact the job and occupation consultant. Be particularly aware of policies that can restrict an employee's capacity to organise with other staff to "improve working conditions", as well as on-line activities.
Failure to use your staff guide will not be a defence against its removal as a non-use. Contacting the counsellor for jobs and employments to create an up-to-date and customized staff guide.