Boss Can’t Prevent Workers From Discussing Wages

April 20, 2006 by Beeson Tayer & Bodine

The NLRB has re-affirmed that employers may not prohibit employees from discussing wages and other terms and conditions of employment. Cintas Corporation, 344 NLRB No. 118 (2005). During an organizing campaign among Cintas employees, UNITE distributed flyers that included the pictures and names of some of the employees, together with their wage rates. Some employees became concerned that these flyers violated a confidentiality clause maintained in the Cintas employee handbook. That clause stated that Cintas protects “the confidentiality of any information concerning the company [and] its partners [i.e., employees],” and that disciplinary action could result for “violating a confidence or unauthorized release of confidential information.” To protect the employees’ right to discuss their wage rates with each other and with the union, UNITE filed a charge with the NLRB challenging the Cintas confidentiality clause. The Board agreed with the union. The Board ruled that the ban on release of “any information” regarding its employees could be read by employees to restrict discussion of wages and other terms and conditions of employment with their fellow employees and with the union. Thus, the Board held the provision to be an unlawful prohibition of protected activity.

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