1. FEATURE STORY: PUTTING POLITICS IN ITS PLACE IN THE WORKPLACE
With the Presidential election about a month away, political passions are running high — and running all the way into the workplace. As the debate over who is best suited to become our next President reaches fever pitch, it's imperative you draw the line between healthy discourse and disruptive disagreements.
Your first inclination might be to draw that line right through healthy discourse. Placing a blanket ban on all political discussion isn't the answer, though. Face it, the election is a big deal and employees are going to talk about it. Policing a complete ban would be a nightmare. Not to mention, employees would likely spend more time griping about the ban than they would have spent discussing the election. Your best bet is to place limits on when such conversations can occur, e.g., not during working time; not in front of, or with, customers.
After communicating to employees when talking politics is permissible, stress that they should engage in political discussions only with willing participants. They must respect the wishes of others who do not want to start, or continue, a discussion about politics. Conclude by reminding them that they are subject to the company's workplace behavior policies (e.g., no swearing; no discriminatory remarks; no threats of violence), regardless of the topic of discussion.
At the first sign of rising tempers or comments that hint at bias, put an end to the discussion. When it comes to conversations about politics, all that should be permissible is a respectful exchange of political opinions.
Political Advocacy And the NLRA
As the election nears, employees who are passionate supporters of a particular candidate might start to distribute literature in support of the candidate. If you think you can curtail their political advocacy just because it occurs on company property, think again.
Back in July, the General Counsel of the National Labor Relations Board issued Memorandum GC 08-10, which explains why an employee distributing literature urging employees to vote for Candidate X, who supports raising the federal minimum wage, may have to be treated differently than an employee who distributes literature touting Candidate Y's all-American values.
To determine whether political advocacy is protected or not, take into consideration the same things the Board does: 1) the subject matter, and 2) the means employed.
The National Labor Relations Act (NLRA) gives employees the right to engage in concerted activities for "mutual aid and protection." The Board looks to whether there is a direct nexus between the specific issue that is the subject of the political advocacy and a specifically identified employment concern of the participating employees — such as advocating candidates who support a minimum wage increase. Thus, political advocacy unrelated to any particular employment-related issue is not protected under the NLRA — such as literature touting a candidate for general reasons.
After determining that the political advocacy falls within the meaning of the "mutual aid and protection" clause, the Board will then ascertain whether the means employed to carry out the advocacy is protected, based on these principles.
Non-disruptive political advocacy related to a specifically identified employment concern that takes place during the employee's own time and in non-work areas is protected.
On-duty political advocacy related to a specifically identified employment concern is subject to restrictions imposed by lawful and neutrally applied work rules.
Leaving or stopping work to engage in political advocacy does not constitute protected strike activity.
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