Workplace Calisthenics: NLRB decision stereotypes management

They have gone too far.

There is a point when reason is sacrificed for "rights." This is just stupid and will ultimately destroy the integrity of our workplaces.

The recent ruling of the National Labor Relations Board is just ridiculous.

This federal board decided that all non-union employees have the right to have a co-worker, as a witness to sit in on disciplinary meetings with a boss. This decision is not enlightenment; this decision is egalitarianism at its worst.

There are some ideas that resound with greatness on paper only to find out they are off-the-wall in real life. This is one.

Union employees, since 1975, have been granted Weingarten Rights, which do provide for a co-worker (usually the union steward) to be present when there is a hint of discipline in any employee-supervisor conversation. The action of the NLRB extends this right, or so the thinking goes, to all 102 million other non-union employees.

As someone who has been hugging trees, marching for abused women, hacking people off with my diatribes on the need for management to practice empowerment and sending money to any organization protecting the rights of animals, this ruling is an ethical mine field for me.

How can I refuse to support a governmental decision to protect the rights of the little person?

Well, protecting rights is my passion, but this NLRB ruling is a passionless, pointless and pathetic excuse for not acting like adults. Did those three members on the board consider these rights?

First, what are the rights of the co-worker called in to observe this disciplinary session? Let's run this one through our collective cranial cavity.

Is impartiality possible on the part of the witness co-worker? Will this employee, after the disciplinary session is over, turn to the person who invited him to sit in and say, "You know, I thought the supervisor was really appropriate and it is my opinion you have got some serious personal problems you need to get straightened out."

In your dreams.

The dye is cast, the writing is on the wall, the fat lady has sung and any other aphorism we can resurrect will never capture the absurdity of this situation.

What are the implications for the employee who refuses to accompany a co-worker? Do you think there is a payday for that scene?

Second, what about the rights of leadership to monitor and confront poor performance?

Let's admit it, there is a tacit assumption that plays hide-and-seek among the words of this ruling: The intent of management is to abuse and pillage labor.

Are there abusive, domineering, even evil people in management? You bet your "Silence of the Lambs" video there is.

But, to make the inclusive assumption that it is the calling of all management to denigrate labor is ludicrous.

I own my own business. I write out salary checks every two weeks.

Do I have the right to deal with an employee in a fair, just way without the threat of having the conversation polluted with a third party? You know I do.

When the third party walks in, the original two stop talking to each other and playing to the crowd. Technically, it is called, triangulation.

And finally, what about the rights of people not in the room when the supervisor has to investigate serious legal issues like harassment? What about the rights of that person who, in confidence, approached management to stop intentional abuse?

The witness in this exploratory session will, undoubtedly, become another gladiator in a growing workplace coliseum mentality.

The practical implications of this ruling will be that abused and harassed employees will go underground.

Their muted pain will be easy to see, but never heard. Why would anyone ask for an investigation when the deck is getting stacked before the first word is spoken?

The NLRB obviously has information I do not have. If not, my conclusion is this is a shortsighted decision, which will have disastrous long-term implications for our workplaces. They went too far.

(Dr. Cal LeMon solves organizational problems with customized training and consulting. His company, The Executive Edge, can be contacted via the Business Journal at sbj@sbj.net.)