Why?

It is usually advised that employee handbooks avoid prohibiting an employee from verbally harassing other employees.

Why?
A . This can be construed as violating an employee’s Section 7 rights.
B . The specificity of the language can limit its applications.
C . It is better to leave this type of restriction as tacit information.
D . This creates a compliance and negative tone for the handbook

View Answer

Answer: A

Explanation:

Different types of behavior can be interpreted as "verbal harassment," including talking to another employee about the benefits of joining a union. Therefore, this vague language could inhibit speech that is protected as a Section 7 right under the National Labor Relations Act. Recorded or not recorded, this prohibition would be problematic. Employees have the right to unionize, to join together to advance their interests as employees, and to refrain from such activity. It is unlawful for an employer to interfere with, restrain, or coerce employees in the exercise of their rights. For example, employers may not respond to a union organizing drive by threatening, interrogating, or spying on pro-union employees, or by promising benefits if they forget about the union.

Section 7 of the National Labor Relations Act (the Act) guarantees employees "the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection," as well as the right "to refrain from any or all such activities."