Under the National Labor Relations Act (NLRA) of 1935, employers have certain rights when it comes to expressing their views on unionization within their workforce. One of these rights includes conducting what is commonly referred to as an “anti-union campaign.”
An anti-union campaign refers to the employer’s efforts to persuade employees not to join or support a labor union. This campaign typically involves disseminating information about the potential disadvantages of unionization, highlighting the employer’s perspective on why unionization may not be in the best interest of the employees or the company.
The NLRA grants employers the right to engage in anti-union campaigns as long as they do not engage in unfair labor practices. Unfair labor practices that employers must avoid include:
1. Threats or Promises: Employers cannot threaten employees with adverse consequences if they support a union or promise benefits if they reject union representation.
2. Surveillance: Employers cannot engage in surveillance of employees’ union activities or create an atmosphere of surveillance that could intimidate employees.
3. Discrimination: Employers cannot discriminate against employees for supporting a union, such as denying promotions, raises, or benefits based on union affiliation.
4. Interrogation: Employers cannot interrogate employees about their union activities or sympathies in a manner that could coerce or intimidate them.
5. Retaliation: Employers cannot retaliate against employees for engaging in protected concerted activities, including union activities.
Despite these restrictions, employers are permitted to express their opinions on unionization, provided they do so within legal boundaries. This may include holding meetings, distributing literature, and engaging in discussions with employees to present their viewpoint on the pros and cons of union membership.
The timing of Employer communication to its workforce regarding unionization is important as there are times when Federal law expressly prohibits such communications.
It’s important to note that the NLRA aims to maintain a balance between protecting employees’ rights to organize and ensuring employers’ rights to communicate their stance on unionization. Therefore, while employers have the right to conduct anti-union campaigns, they must do so in a manner that respects the rights of employees to freely choose whether or not to support union representation, without coercion, intimidation, or discrimination.
We represent employers and business owners faced with all types of third-party interference. No matter the stage of the claim, whether you received a demand letter, a charge from an administrative agency, or a lawsuit. We are here to fight for you.
Even when your company is not currently facing these legal pitfalls, a sound approach is to be proactive to minimize potential claims. We provide preventive counseling, management education and training, and can identify areas to help you implement preventive workplace practices to avoid problems before they arise.
If you have any questions or would like more information on the issues discussed above, please contact us.
Please Note: This is not legal advice and you should not act on it. At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.