Board finds Houston engineering firm unlawfully fired employee for discussing salaries with coworker
Source: NLRB
The National Labor Relations Board has found that a Texas engineering firm unlawfully fired an employee for discussing salary information with co-workers, and ordered the company to offer reinstatement and to pay back wages for the time out of work.
Under the Board Order, which issued February 8, Houston-based Jones & Carter, Inc. also must rescind its policy of forbidding employee discussion of salaries. The National Labor Relations Act protects the rights of workers to discuss their terms and conditions of employment, including wages.
In the absence of exceptions, the Board adopted the November 26 decision of Administrative Law Judge Margaret G. Brakebusch. During trial, company officials said the employee a training coordinator - was fired for harassing other workers. But the judge noted that the same company officials told state unemployment investigators a different story, including that the employee was fired for discussing salaries with other workers, and that sharing such information was a pet peeve of the company.
As a result of the Board action, Jones & Carter offered the employee reinstatement to her former position, which she declined. The employer agreed to make the former employee whole by paying her backpay, 401(k) contributions, medical expenses and interest in the total amount of $107,000, to revise its policy to delete the prohibition on employees of discussing their salaries, and to post a Board Notice describing these actions.
Read more: http://www.nlrb.gov/news/board-finds-houston-engineering-firm-unlawfully-fired-employee-discussing-salaries-coworkers-0
Copyright exempt. February 15, 2013
Contact: Office of Public Affairs
202-273-1991
publicinfo@nlrb.gov
www.nlrb.gov
Curmudgeoness
(18,219 posts)I would not be surprised if most of us have been threatened with being fired if we discuss our compensation with any other employees where we work. I know that every place I have worked has made it clear that this is a fire-able offense.
I do the payroll at work. I know intimately why management does not want this information public.
riverbendviewgal
(4,253 posts)all union members know how much your position is paid..
Unions are fair
Curmudgeoness
(18,219 posts)Unfortunately for me, I have not worked in any union offices. Even when I have worked places where there were union shops, the offices were not union. I don't get it, but that is how it is.
But you are right. There is nothing fair about where I am working now. I really wish that people there would talk to each other about their pay rates, because I am not supposed to.....because of my position.
obamanut2012
(26,111 posts)Even though many people get fired for doing so.
Curmudgeoness
(18,219 posts)updated September 2012----They consider it part of the "confidential nature of work" section. It says that we cannot disclose "information related to company contacts, agreements, or pay schedules, past or current". This may sound like it is only to protect from talking to people outside of the company about any pay or commissions, but this is what they have used to tell employees that they cannot discuss it.
Against the law or not, unfortunately, many of us would not want to have the fight involved. And that really is where they have us by the balls.
NRA_SUCKS
(39 posts)PLEASE!?!?!?!
I was fired for this once, but since they found another excuse I couldn't sue them.
I found out because I backed my old boss in a corner and got the truth out of him.
I will rejoice the day I can discuss this with my colleagues openly because it's important we know who makes what to bargain with management with. that's the REAL reason they make it taboo at work!
Lucky Luciano
(11,258 posts)Have Anonymous hack HR and publish everyone's base and bonus...
unblock
(52,309 posts)24601
(3,962 posts)unconstitutional. (Through the Circuit Court of Appeals so far) Makes one wonder if all their rulings will be thrown out on the basis that they were not lawful board members.
Omaha Steve
(99,703 posts)It may come down to the SCOTUS making the decision in the next couple years. We know Obama will be appointing at least TWO SCOTUS judges in the next two years by the numbers.
24601
(3,962 posts)appointment? It's more likely that a conservative justice would do all he could to hold on while a progressive justice could see the opportunity to be replaced with someone who is like-minded.
Omaha Steve
(99,703 posts)dixiegrrrrl
(60,010 posts)I am making a copy.
Many thanks.
MrModerate
(9,753 posts)It's considered "bad form," and supervisors are prohibited from discussing their direct reports' compensation with anyone but HR and the supervisor's supervisor during salary planning.
The premise being that doing so leads to general unhappiness. Among individual employees, such discussions are discouraged but not forbidden. Also, salary schedules by grade are generally available up to the director level. You can figure out pretty much what your peers are making by knowing their grade.
As company owners, Directors' compensation is a deep-dark secret, but widely believed to be in the zillions. Which is actually OK, since we almost always promote from within and (for example) our current president of one of our major business lines started out as a document control clerk; another president started as a safety inspector.
So individual employees, if they're hot stuff, can aspire to the top. It's a significant element of our employee engagement/corporate culture.
bemildred
(90,061 posts)Knowledge is power.
cstanleytech
(26,318 posts)" During trial, company officials said the employee a training coordinator - was fired for harassing other workers. But the judge noted that the same company officials told state unemployment investigators a different story, including that the employee was fired for discussing salaries with other workers, and that sharing such information was a pet peeve of the company."
After all ^^ reads as if perjury did occur or am I mistaken?
Ash_F
(5,861 posts)Unfortunately right wing prosecutors love this particular breed of criminal, and will do everything they can avoid charging them. This is why is so important that we get the pubs out of every office, not just the presidency.
At least in the courts, working people have a fighting chance.
obamanut2012
(26,111 posts)It is against Federal law to do so.
Most people don't know that, and employers do everything they can to make sure it stays that way.
dixiegrrrrl
(60,010 posts)Just checking...
obamanut2012
(26,111 posts)Editing.
Nikia
(11,411 posts)I would not be getting any further raises. I was making a much above wage for that company, although it was less than industry average, and they didn't want people thinking I was over paid. Although I think that it was good advice since jealous coworkers sometimes take out their frustrations on higher paid employees rather than demanding higher wages for themselves, I resented being threatened like that.
obamanut2012
(26,111 posts)This is also how they pay women and other minorities less.
I do not mean YOU, I mean what employers do.
Curmudgeoness
(18,219 posts)There is only one reason that employers do not want others to know what people are paid, and that is so that the employees will not realize that they are being underpaid.
Gormy Cuss
(30,884 posts)Want to know whether you're paid fairly? Crack the roster and see what others with your same job title were earning.
People still objected to perceived inequities but it was in the open and not discouraged by management. Truth is though, there was a lot less complaining about salary there than any place else where I've worked.
Marrah_G
(28,581 posts)I often thought that as the only female in the lumber and building materials dept in most of the region that I was probably being paid less, but there was no way to know.
bananas
(27,509 posts)The link in the OP gives "Page not found", this one works:
http://www.nlrb.gov/news-outreach/news-releases/board-finds-houston-engineering-firm-unlawfully-fired-employee-discussin
The original link used to work, according to google's webcache:
http://webcache.googleusercontent.com/search?q=cache:http%3A%2F%2Fwww.nlrb.gov%2Fnews%2Fboard-finds-houston-engineering-firm-unlawfully-fired-employee-discussing-salaries-coworkers-0
So for some reason they changed the link after the OP was posted.
Don't know why some web sites do this.