Official Off Topic Discussion Thread #1

PYRU

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Ogertron3000

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Interesting point, but I think it's meant to be as it's written in plain language. Work-related to a "reasonable" person would mean anything that is directly needed for workers ability to perform the job. Since the company was working without a union, it's self-evident that conversations about unions are not needed for workers to perform their job.

The same goes for fights with children or spouses, having trouble paying bills, religious and political beliefs, losses by favorite sports teams, current fashion, current music, golf, etc. Each might affect a worker, perhaps extensively, but are not work-related. The same goes for a union that doesn't yet exist at that site.

The law I think means, if people are banned from raising their personal issues and beliefs at the workplace, then all conversations regarding non-work related subjects can be banned, therefore, conversations and information about unions (that don't exist at that site), can be banned.

Is that realistic? Sure. I've worked a number of jobs where there was no time or opportunity to have personal conversations. I've worked others where we were warned about numerous topics that should be avoided at work, e.g., politics and religion. Is it common? Perhaps not. But the law makes it clear, imo, that there is no legal right to discuss unions at work unless the employer has granted that right, implicitly (by not attempting to suppress non work-related speech inaction) or explicitly.
That makes sense,a nice simple definition of "work related" I've had jobs that are physical and fast paced where there's no time or energy to speak and jobs where I haven't liked my co workers enough to speak to them about non work related stuff. You are also correct that some topics should be avoided by anyone with common sense as they will only cause conflict.
It just seems a bit dodgy to me that an adult can be told by their boss what they are and aren't allowed to talk about.
 

jaws7777

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skjl47

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Carbon capturing may pan out but right now isn't there yet. Most of the damage is done already as well. Everyone would really have to unplug and due without a lot of ammenties to make a reduction

Verdict: Dude your screwed
Hello; This sounds about right and yes we are.

It just seems a bit dodgy to me that an adult can be told by their boss what they are and aren't allowed to talk about.
Hello; The boss apparently just needs to have a policy about no talk unrelated to the job on company time. Likely folks will still chat a bit and ordinary common talk may not be noted. having a policy in place may be what counts.

Hello; About the pitbull killing the beagle, I wonder if it licked it to death?
 

Drstrangelove

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It just seems a bit dodgy to me that an adult can be told by their boss what they are and aren't allowed to talk about.
Doesn't it? But it's ultimately derived from the Constitution.

Employees and employers have the right to contract restrictions on constitutional rights. An active ATP professional tennis player who doesn't allow himself to be tested for drugs at will, can be banned. A football player who yells obscenities at his coaches or the referees might be able to have his contract voided. A TV personality discovered to have said off-air at a public forum can be fired.

Free speech isn't unrestricted. A union or an individual who accepts a contract to work (employment), is subject to all "legal" conditions an employer requires. You can't decide to not wear a uniform or to not maintain reasonable hygiene, for example, if wearing a uniform and maintaining reasonable hygiene was a requirement for employment. You can't decide to not answer phones (if you're hired in part to answer phones), can't decide to not sell guns (if you are a salesperson in a gun shop and hired to sell guns), and then claim your Bill of Rights are being violated.

Of course, by law illegal acts are void in contracts. You can't require things that federal or state laws already prohibit. But the constitution, afaik, doesn't recognize contracted restrictions on free speech as illegal. It's a right people can agree (implicitly, explicitly), to give up as part of the employer-employee bargaining relationship. The NLRA seems to mean as much.

Anyway, that's my take, although I'm neither a lawyer nor judge, from reading and discussing those issues with people who are in the labor and legal fields.
 
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