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Is my employer violating the National Labor Relations Act?

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panurge987

Junior Member
What is the name of your state (only U.S. law)? Ohio

My workplace has required employees in another department to work seven days a week for the next three weeks. My department has required me and my coworkers to work six days a week for the next three weeks. My manager sent out an email to all of us in our department that if we discuss or talk about the discrepancy with members of the other department (we all work in the same room together), that there will be corrective action taken against the one who did it. (I live in Ohio and work in a non-union environment.) It seems to me to be a clear violation of the National Labor Relations Act. Am I correct, and is there anything I can do about this without having to be fired/retaliated against first?
 


tranquility

Senior Member
While in a strict sense, forbidding you from talking about working terms and conditions could be a violation, c'mon. They're not trying to prevent you from forming a union. They just don't want the hassle of some thinking others getting greater benefit and dealing with the complaints. You can complain to the NLRB. I suspect they will not care. That may protect you under whistle blower status unless they find a legitimate reason to fire you. Which, if I were the employer, might just happen to pop up unless you are the bestest darn employee ever.

What is the real complaint? Why are you motivated over this?
 

panurge987

Junior Member
I just talked to the NLRB

I just talked to the NLRB - they say I have a typical example of why they exist, and they are happy to help me resolve the situation. I am a little afraid of signing the charge, as my employer will know it was me and then any subsequent retaliation might be harder to prove if they find some reason to fire me. So I have six months to decide on whether to sign, I am told.

And yes, I am one of (if not the best) employee in our 20-person department. I just received the highest raise allowed by my manager, and she also has said to me (and it's documented in the performance tracking records which I have copies of) that I am one of her best workers and that if she could, she would give me an even higher rating and raise if she were permitted by the company. I consistently achieve the highest rating possible in my performance reviews. I have received nothing but praise in my previous performance reviews.

However, in the three years I have worked for this company, I have seen a significant "taking away" of employee benefits, a significant worsening of working conditions, a significant increase in demands for ridiculous amounts of overtime, a significant increase in disrespect/mistreatment shown to employees, and morale is at an all-time low (including mine). Right now, the job I took three years ago hardly resembles my job at the present. I still show up for work and work my butt off, but I now dread going to work in a job I used to enjoy. I have come to be good friends with several of my coworkers, and call me crazy, but I care about their situation as well as my own. Sure, the easy way out is to just find another job. But that may not happen (it's a tough market out there). And that's beside the point. My coworkers and I should not have to put up with these kinds of threats from management for just talking about our working conditions - a clear violation of the NLRA. And by the way, the NLRA applies to ALL workers, not just union workers, as I am sure you know.
 

tranquility

Senior Member
What "situation"?

The employer has some different treatment of employees for three weeks. You want to make a complaint about them because they told you not to tell other employees. Why? Um...because you're mad about other working conditions. The result of a successful complaint will be the employer will not tell you to not talk about disparate working conditions with other employees. It will not change the working conditions or force them to make them equal.
 

panurge987

Junior Member
Why let my employer shut the door at the first opportunity?

So just shut up and take it? That's your advice? Why should my employer be allowed to squash any complaints? Why can't the employees talk about their working conditions? If people had listened to you, there would have never been any unions in the first place and we'd all be working in sweatshops.


Buh-bye. I am sorry I posted this here.
 

Silverplum

Senior Member
So just shut up and take it? That's your advice? Why should my employer be allowed to squash any complaints? Why can't the employees talk about their working conditions? If people had listened to you, there would have never been any unions in the first place and we'd all be working in sweatshops.


Buh-bye. I am sorry I posted this here.
None too gracious.

Suitable for road paving.
 

tranquility

Senior Member
So just shut up and take it? That's your advice? Why should my employer be allowed to squash any complaints? Why can't the employees talk about their working conditions? If people had listened to you, there would have never been any unions in the first place and we'd all be working in sweatshops.


Buh-bye. I am sorry I posted this here.
Shut up and take WHAT?

You have a right to discuss working conditions. As I wrote:
While in a strict sense, forbidding you from talking about working terms and conditions could be a violation, c'mon.
Are you trying to form a union? Do you think your employer was trying to prevent that? Sweatshops...sheesh. Drama queen much?
 

eerelations

Senior Member
So just shut up and take it? That's your advice? Why should my employer be allowed to squash any complaints? Why can't the employees talk about their working conditions? If people had listened to you, there would have never been any unions in the first place and we'd all be working in sweatshops.


Buh-bye. I am sorry I posted this here.
This is how you respond to someone who provides you with accurate answers to your questions? Wow. No wonder your employer doesn't want you to talk to anyone at work. :rolleyes:
 

commentator

Senior Member
This OP summed it all up beautifully when they said, "It's a tough job market out there," as the reason they just don't find another job elsewhere to protest their bad treatment by the employer. If they fire him/her, there will be no recourse except unemployment benefits (maybe). They'll have to find a job elsewhere. And I bet my biffy there'll be someone right behind them dying to take this terrible job where the employer is treating them so terribly. This is the reality of twenty first century employment in America. People in the workforce honestly believe they have so many more rights and privileges than they do. Then reality strikes. You don't have a bit of recourse, unless you have a union. Your chances of getting your company organized and starting one right quick, in time to deal with the situation you're complaining about? Zero.
 

st325

Junior Member
NLRA protects all private sector employees

It's a shame your job environment and conditions have changed over the past few years. The employee did the right thing - the NLRA protects the rights of all employees in the private sector, whether they join a union or not. The law protects the employee's right to join a union if he or she wishes to do so.
 

racer72

Senior Member
I fail to see anything suggesting the OP's problem is a union issue. He seems PO'd about working overtime and was told to shut up about it. Nothing at all illegal about that.
 

umkemesic

Member
So just shut up and take it? That's your advice? Why should my employer be allowed to squash any complaints? Why can't the employees talk about their working conditions? If people had listened to you, there would have never been any unions in the first place and we'd all be working in sweatshops.


Buh-bye. I am sorry I posted this here.
Absent any contractional agreement to the contrary, your employer can make you work overtime, and can fire you at-will in most states if you refuse.

The FLSA (29 U.S.C. § 201-219) Only mandates that overtime be paid time and a half after 40 hours. Some States/Agreements require more. If you are salary, then tough luck.

The Lawyers on this forum have worked 60+ hours without "overtime" pay, so be greatful for that.

Your complaint is baseless, go live in Socialist France or Greece if you want to work 4 days a week. See where that gets you.

Unions were a good thing, in the early 1900's. We don't need them now, they exist primarily in the Government which is, ironically, the least secotor that needs protections.
 
Last edited:

umkemesic

Member
Besides necroposting, your response actually has nothing to do with OP's question.
It's barely after a month, 38 day to be exact. And yes, part of the question was the legality of working overtime, and having one department work more overtime than another.
 

ecmst12

Senior Member
No, the question was regarding DISCUSSING the overtime with other employees. And if the OP hasn't been back in over a month, they're not coming back.
 

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