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The National Labor Relations Board recently ordered T-Mobile to remove a clause in its employee handbook that required employees to have a positive attitude at work.

(Philippe Huguen/AFP/Getty Images)

Grumpy at work? That's your right.

In an April 29 opinion, the National Labor Relations Board, the government agency charged with investigating and addressing unfair labor practices, ruled that requiring workers to have a positive attitude could have a chilling effect on their ability to organize a union.

The particular company policy under review comes from T-Mobile, which, according to the ruling, included the following in its employee handbook entitled "Workplace Conduct":

"[The Respondent] expects all employees to behave in a professional manner that promotes efficiency, productivity, and cooperation. Employees are expected to

maintain a positive work environment by communicating in a manner that is conducive to effective working relationships with internal and external customers, clients, co-workers, and management."

The clause was brought before the board by the Communications Workers of America union, which represents T-Mobile technicians, customer-service representatives and retail workers.

The board agreed with the union and found the clause to be too restrictive. The board ruled that T-Mobile's expectations infringe on Section 7 of the National Labor Relations Act, which guarantees employees the right to organize.

"We find that employees would reasonably construe the rule to restrict potentially

controversial or contentious communications and discussions, including those protected by Section 7 of the Act, out of fear that the Respondent would deem them to be inconsistent with a 'positive work environment,'" the board wrote in its ruling.

The clause could be interpreted to prohibit employees from arguing with or criticizing T-Mobile, which are often fundamental in labor disputes and union organizing efforts, it said.

What's more, the language of the clause is so vague, the board ruled, that employees would be even less likely to organize, just to be on the safe side.

The board ordered T-Mobile to remove the following from its employee handbook:

Any rule that could prevent workers from saying negative things about the company, its products, services, customers or other employees.

Any rule that might prevent employees from arguing with coworkers, subordinates or supervisors.

Any rule could infringe on an employee's right to organize a union.

The board ordered T-Mobile to make the changes to the employee handbook within two weeks.

T-mobile declined to comment on the ruling, citing pending litigation.

-- Anna Marum

amarum@oregonian.com

503-294-5911

@annamarum