For example, there is an urgent need for institutions to consider holding separate or complementary textbooks for teaching and university staff, as well as non-university staff. Faculty and scientific staff are responsible for managing issues such as academic freedom, research integrity, creation and protection of intellectual property that do not apply to non-academic staff. They probably also have long-term or short-term employment contracts with an institution, while non-academic staff are likely to be salaried or unionized under the terms of collective agreements. This fundamental principle has been applied to all forms and forms of staff communication. In one case, the NLRB found that an employment policy that “limits inactive gossip or the dissemination of confidential information within [the company] such as personal or financial information, etc.” is contrary to Section 7 because it is excessive and could reasonably be interpreted to prohibit employees from disclosing and discussing the terms of their employment. MCPC, Inc. and Jason Galanter, 2012 WL 2071758 (NLRB 2012); See also Banner Health System d/b/a Banner Estrella Medical Center, 358 NLRB No. 93 (2012) (HRconsultant`s routine advice given to complaining employees that they do not discuss the matter with their coworkers while the employer invested their complaint violated the employees` Section 7 right to discuss the matter or the terms and conditions and conditions of their employment with their co-workers); Waco, Inc., 273 NLRB No. 746 (1984) (work rule prohibiting employees from discussing wages with co-workers is an unlawful restriction of Section 7 rights). Any discussion among workers, including inactive gossip, about the conditions of their employment is considered a concerted activity in Section 7. The terms of an employment contract are also governed by national employment standards (NES). Higher education institutions should also consider the introduction of a separate or complementary textbook for student staff, both for students and higher education graduates, as they often require policies that take into account their dual roles within their institutions.
These guidelines may include issues such as minimum credit hours required for access to employment, tuition fees or the federal labour program. As a general rule, manuals for all employee subgroups should be regularly audited to ensure compliance with the legislation. However, for workers who are subject to it, institutions should be aware that changes to the manual may alter the agreement or be ineffective when they are in conflict with the agreement, depending on the terms of the agreement. Conflicts generally arise in the context of disciplinary or dismissal proceedings, in which an employment contract can be interpreted so that the worker enjoys greater rights and protection of employment than those provided in the manual. In most cases, it is advisable to indicate in the manual that the terms of an individual contract apply. However, like most staff, manuals should continue to indicate that it is not an employment contract, that the employment relationship is at its convenience and that the status of the agreement cannot be changed, amended or changed “except by a written agreement signed by the owner or management of the company.” There is no guarantee, but the explicit exception should address the NLRB`s concerns about ambiguous employment rules or policies that may limit the rights of Section 7 of workers. Tags: Staff Manual, Law Firm, Responsibility, Risk, Workplace It is important to note that once a KBA is reached, the employer and the union are required to abide by this agreement.Back to Blog