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In this video interview, Canam Steel Corporation Vice President of Legal & Human Resources Ron Peppe discusses the new NLRB Labor Issues rules, which apply to even non-unionized employers. While many employers do not think they are subject to most of the rules issued by the National Labor Relations Board, the NLRB has aggressively reached into many new areas and issued requirements that affect many more companies, including those without a unionized workforce. Canam Steel Corporation Vice President of Legal & Human Resources Ron Peppe cautions of the risks posed by these new requirements, and what employers needs to know to avoid inadvertent trouble. “Most companies, if they are not unionized, have never had to deal with the NLRB. And so, many companies are now finding that they are subject to rules affecting the new areas the Board is moving into.” Social media, Peppe explains, is an area in which companies can get into trouble without realizing it. “Companies put out what they think are reasonable policies about the use of social media by employees, but it turns out those policies can run afoul of the NLRB guidance.” “Social media is collaborative - people are talking to each other. The National Labor Relations Act protects employees when they talk to each other. And the NLRB is telling employers they can’t prohibit employees from posting things they don’t like to hear.” “There was a case recently in which employees of a large restaurant chain posted pictures of the food with the caption ‘this food can make you sick.’ The company fired the workers, but the employer lost that case and was ordered to re-hire the employees and provide them with back pay.” The scope, Peppe notes, has broadened. “The NLRB recently issued guidance on employee handbooks and a whole host of other issues for which companies typically have rules. Things like dress code, at-will employment, harassment, and a number of very typical policies are all being challenged.” Peppe also explains that, although the NLRB can only respond to charges brought by employees, they have recently used the complaint as an opportunity to go through the employee handbook to find violations that had nothing to do with the original complaint. “Companies must look at their policies and rules. Things that might seem very reasonable and that have been done for a number of years, the government is now challenging. You can’t just assume it was okay before and it’s going to be okay now. It can turn into a very expensive fight if you’re not careful.”