If your organization is targeted by a union-organizing effort, take note. Both the National Labor Relations Act (NLRA) and the Taft-Hartley Act prohibit employers from discriminating against employees for participating in union activities.
Ultimately, whether you’re targeted or not may depend more on your geographic location and industry than on actual working conditions. That’s because many unions target specific areas or industries to gain momentum and credibility with workers. Then they try to negotiate a “model” compensation plan that they can use at other companies to attract new members.
Labor law gives your employees the right to join a union. Assuming you prefer to operate as a nonunion company, what are your rights?
You have the right to express your views in an effort to persuade your employees not to join a union, and you also have the right to run your business. Use and protect these rights by exercising caution and controlling your own behavior:
Don’t act emotionally or with a feeling of betrayal. Make sure you have a thorough knowledge of the labor law rules and have expert help. Your own conventional wisdom won’t suffice, nor will your own determination of what is fair, no matter how objective you think you are.
Present your side and get the hearing you want by following the game plan the law allows. It may appear too restrictive, but you clearly have weapons available. Despite labor law pitfalls and restrictions and the frustrations they may cause, you can emerge intact from a union’s organizing campaign.
To help you keep your workers—and your bosses—happy, Business Management Daily has teamed up with one of America’s top labor and employment experts to show you the techniques that savvy employers use to stop unionization before it starts – in an informative audio recording about Keeping Unions at Bay.
Stay union-free ... comply with ALL rules and regulations ... AND keep your employees happy...
You don’t have to bend over backward to cooperate with unions either. In a recent court of appeals decision, a company had refused to let union organizers post notices of their upcoming meetings on a company bulletin board.
The NLRB ruled this discriminatory because the company had allowed other worker notices to be posted. However, the appeals court said the only notices previously allowed on the bulletin board were by employees selling cars and household goods, so it was not discriminatory to say “no” to union backers.
To take advantage of your right not to be cooperative with union organizers, don’t allow your bulletin boards to become a general forum for workers. As the court noted, the company never posted notices for any type of meeting, so it wasn’t discriminatory in preventing workers from posting union meeting notices.
Caution: If you try to pick and choose the meetings you think are worth publicizing and those that are not, you will have a hard time showing a judge that the rejection you gave to the union supporters was not discriminatory. Also, you must not seem to be designing a policy for bulletin boards or other communications channels that appears to target unions.
Put a policy in place—and strictly adhere to it—when there’s not a threat of unionization in the air, and it will stand you in good stead should the organizers later target your company.
In this special 75-minute audio training, labor expert David Rittof will provide a detailed rundown of:
- 14 steps to better employee relations
- The 10 early warning signs of union activity in your workplace
- How vulnerable YOUR organization is to union campaigns
- The mistakes your managers are making RIGHT NOW that practically invite a union to step in
- Big Labor’s newest organizing tactics – and how to counteract them (without violating the NLRA)
- Practical changes to your current HR practices to make employees not even think about wanting a union
- What Obama and the Democratic Congress have promised the unions – and how they plan to follow through even without a supermajority
- And much more!
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