Do you have to be nice to your boss? Apparently not.

Starbucks is not a stranger to issues with the National Labor Relations Board (“NLRB”), and this case is no exception.?

The NLRB found Starbucks violated federal labor law when it fired a worker, who had been leading an organizing campaign at the Michigan store, after verbal disputes with management. Starbucks said the worker violated the company handbook that required employees to communicate respectfully after she argued with her supervisor and used phrases like “f*ck this and f*ck you.”??

Administrative Law Judge Paul Bogas concluded the worker was targeted for her organizing activity and that the guidelines were “overly broad” and in violation of the National Labor Relations Act. Bogas ordered Starbucks to rescind the rules, reinstate the worker, and pay for lost wages.

The NLRB found that Starbucks maintaining “how we communicate” and “respectful workplace” rules interfere with employees’ exercise of their rights under Section 8(a)(1) of the National Labor Relations Act.?

The policy in question stated in relevant part:?

* How we communicate: Partners are expected to communicate with other partners and customers in a professional and respectful manner at all times.?

?* Commitment to a respectful workplace: We treat each other with dignity and respect, and connect with transparency.?

The Decision requires Starbucks to rescind the policy referenced above. Wild, huh??

The actual impact is yet to be seen, but the decision does not differentiate between employers whose employees are unionizing and those who aren’t. The handbooks we draft at The Higher HR almost always contain a respectful communication policy - and for good reason, if you ask me. And, most employers are subject to the National Labor Relations Act (“NLRA”), as the NLRA protects both unionized and non-union employees, so the practical implications of this decision could be pretty far reaching. I’d like to think that part of the decision will be applied with common sense and every time an employer fires an employee for being insubordinate or excessively rude they’re not looking at exposure from the NLRB. But, with administrative agencies, you just never know…

The safest bet for employers at this juncture is to modify any respectful communication policies to include a clear message that none of their policies are meant to chill employees rights under Section 7 and/or 8 of the NRLA (though Starbucks had one in this case and it didn’t necessarily save the day, it is still best practice) and be especially careful in disciplining employees for respectful communication issues if that communication is done in an effort to improve wages or working conditions of that employee or on behalf of another employee.?That is a broad statement, I know...

An additional layer of protection can be found by outsourcing your HR role - enter The Higher HR - to make sure your inherently complicated employee relations issues are handled with expert precision and based on policy and procedure that is both common sense and legally compliant.? Let us know how we can help.?

Cheers,

Jessica?