IMPORTANT INFO for Employees in the Upfit & Public Safety Sector

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Two Recent Videos. One relating to a Duke University Study examining how management may overtask the blindly loyal employee, another about employees who have been laid off or terminated with a severance agreement language that may tend to restrict certain conversations previously restricted by contract.

NLRB General Counsel Issues Memo with Guidance to Regions on Severance Agreements
Office of Public Affairs
202-273-1991

March 22, 2023

Today, NLRB General Counsel Jennifer Abruzzo issued a memo to all Field Offices with guidance on the Board’s recent decision in McLaren Macomb, in which the Board returned to longstanding precedent holding that employers violate the National Labor Relations Act when they offer employees severance agreements that require employees to broadly waive their rights under the Act. The guidance will assist Regions in responding to inquiries from workers, employers, labor organizations, and the public about implications stemming from the case.

The memo offers guidance on the decision’s scope and effect, such as the retroactive effect of the decision and the application of the decision to supervisors. The memo also provides guidance on the kinds of severance agreement provisions that could violate the Act if proffered, maintained, or enforced, including confidentiality, non-disclosure, and non-disparagement, among others.

“Lawful severance agreements may continue to be proffered, maintained, and enforced if they do not have overly broad provisions that affect the rights of employees to engage with one another to improve their lot as employees” said General Counsel Abruzzo. “[However], the future rights of employees as well as the rights of the public may not be waived in a way that precludes future exercise of Section 7 rights, including engaging in protected concerted activities and accessing the Agency.”

If workers believe their rights have been violated by the proffer, maintenance, or enforcement of unlawful severance agreements, or have questions, they can call the NLRB at 1-844-762-6572 and speak with an information officer.

Managers Exploit Loyal Workers Over Less Committed Colleagues
A loyal worker gets more extra work than the fair, honest, or disloyal employee

DURHAM, N.C. – Company loyalty is a double-edged sword, according to a new study. Managers target loyal workers over less committed colleagues when doling out unpaid work and additional job tasks.

“Companies want loyal workers, and there is a ton of research showing that loyal workers provide all sorts of positive benefits to companies,” said Matthew Stanley, Ph.D., the lead researcher on the new paper and postdoctoral researcher at Duke University's Fuqua School of Business. “But it seems like managers are apt to target them for exploitative practices.”

That’s the main conclusion from a series of experiments conducted by Stanley and his colleagues Chris Neck, Ph.D. and Chris Neck, father-and-son researchers at Arizona State University and West Virginia University, respectively.

The findings appeared online January 6 in the Journal of Experimental Social Psychology.

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