Can we resolve an office problem without punishing everyone?

Fire the two misfits.

This is a performance issue. If they’re talking on the phone, they’re not working. Approach it from that angle.

@davidbetterman

Can’t fire a union employee without cause, and so far there is no rule against cellphone use.

Take them aside and explain it just the way did in your OP. It’s reasonable, and if they don’t cooperate make sure everyone knows it. Then peer-pressure may work.

There’s not a rule against playing tiddlywinks all day either, but you couldn’t get away with it.

They are on the clock and not working. Document it.

It’s not about cell phone use. It’s about phone use. Many or most offices have some kind of policy about use of company time for personal phone calls. That’s how to couch the issue and not in terms of cell phones.

“No cell phone use during office hours”

It is not punishment, it is business.

Too bad these are of questionable legality.

@DrBill It sounds to me like the cause is un-productivity. If they do not do the work, that seems like perfectly legitimate grounds for dismissal. I think a total ban on cellphone use could actually negatively impact the performance of the other 17 people. Agree that their time on the phone for non-work related business should be documented as proof of un-productivity and ultimately grounds for dismissal.