They'll be bowling alone at Guardsmark tonight. The National Labor Relations Board (NLRB) doesn't want the employees chatting it up off the job.
On June 7 the three Republican appointees on the five-member board that regulates employer-employee relations in the United States handed down a remarkable ruling that expands the rights of employers to muck around in their workers' lives when they're off the job. They upheld the legality of a regulation for uniformed employees at Guardsmark, a security guard company, that reads, "
ou must NOT . . . fraternize on duty or off duty, date or become overly friendly with the client's employees or with co-employees."
The board majority held that the guards probably would interpret this to be a no-dating rule, pure and simple. In her dissent, member Wilma Liebman wrote that the rule plainly specifies both dating and fraternizing, a term that covers a range of activities that go well beyond (or fall well short of) dating. That certainly was the reason that a San Francisco security guard local of the Service Employees International Union brought the case to the NLRB in the first place: The rule as written could preclude any attempt by the guards to meet to form a union, or even to talk about work-related issues.
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But the NLRB ruling mentions none of the caveats that applied at Guardsmark; it is now a precedent that can be applied to a far wider range of workers in a far wider range of situations. Indeed, as the precedent for this ruling, the board cited an earlier decision upholding the right of a hotel to ban its employees from fraternizing with guests. That hardly seems a parallel set of circumstances -- closer to perpendicular, if you ask me -- and it sure doesn't inspire any confidence that the current board will seek to limit the impact of its Guardsmark ruling.WP 8/10/05 http://www.washingtonpost.com/wp-dyn/content/article/2005/08/09/AR2005080901162.html?referrer=email