Issue link: http://read.dmtmag.com/i/91455
Unions before – one 'representative' particularly asking questions about policies in the handbook, for example. n Employees are in groups talking and disperse when the supervisor approaches. n You walk into the men's room and seven guys are gathered. n You notice a local union placard on a tech's toolbox. "The worst is when you get an organizing petition sent Union Dos Are Mostly Don'ts BY TY MOORE "We'd like to form a union" is not a phrase that you, as an employer, look forward to hearing from one of your employees. Even the best employee relationships and policies cannot guarantee that your employees will not discuss or explore the idea of unionization, and it is important to be aware of laws that limit your ability to undermine their efforts (as much as you may want to protect your business and employees). The National Labor Relations Act restricts employers' actions as soon as they become aware of organizing activities. Here are a few important rules to remember if you find yourself in such a situation: DON'T - Prohibit employees from soliciting for a union during non-work time or from distributing union literature during non-work time. Non-work time includes before or after work and breaks. Maintaining overbroad company policies that prohibit soliciting of any kind or distributing information for any purpose could also violate employees' rights if they can reasonably believe the policy prohibits discussion of union activity. DON'T - Question employees about their union support or activities in a manner that discourages employees from engaging in that activity. Asking an employee a "yes or no" question about whether that employee supports organizing a union can be an unlawful interrogation. DON'T - Fire, demote, or transfer an employee because the employee supports unionization. Reducing an employee's hours or changing shift times are also improper actions. If an employee can demonstrate that such action was taken because of his involvement with union activity, the employer must show that the action would have been taken regardless of the employ- ee's union activity. DON'T - Threaten to close the workplace if workers unionize. An employer can explain the economic consequences it foresees from unionization, so long as the predic- tion is based on objective facts. Messages that strongly emphasize that unionization has led to closings at other businesses can constitute a threat. Threats of unspecified to you by fax from the NLRB and nobody saw it coming," said Hendricks. "That's when communication has broken down completely, somebody hasn't been talking on the shop floor, and your management didn't know the signs." Bottom line, train management not only to recognize early warning signs but to prevent vulnerability to union organizing through positive, respectful relationships with employees. n reprisals are also unlawful (e.g., "you never know what could happen"). DON'T - Promise or grant promotions, pay raises, or other benefits to discourage – or encourage – union support. Providing economic benefits to employees after learn- ing about organizing efforts is presumptively coercive, and the employer must provide an explanation for the benefit other than the threat of unionization, such as a planned wage increase as part of normal business operations. DON'T - Prohibit employees from wearing union hats, buttons, t-shirts, and pins in the workplace. Employers can only prohibit such items when the items may jeopardize employee safety, damage machinery or products, or unreasonably interfere with an employer's public image. These special circumstances are construed narrowly; customer exposure or standard employee uniforms are not sufficient reasons to prohibit such items. DON'T - Spy on or videotape peaceful union activities and gatherings or pretend to do so. An employer creates an unlawful impression of surveil- lance when an employee would assume from her employ- er's statement that her union-related activities have been placed under surveillance. Telling an employee that you are aware of her union activities without revealing how you know about them could create an unlawful impres- sion of surveillance. DO - Develop an effective plan to demonstrate the benefits of a non-union workplace. Employers can hold meetings during work hours to discuss the economic implications of unionization. Additionally, you can generally exclude nonemployee organizers from your property provided that employees are accessible outside the workplace and excluding the nonemployees does not unfairly discriminate against their particular organization. This article is intended to provide an overview of the National Labor Relations Act and does not constitute legal advice. If you have questions or are facing an organizing campaign, consult an attorney familiar with union and workplace laws. TY MOORE is a legal intern at Obadal, Filler, MacLeod & Klein, P.L.C., which serves as AED's Washington lobbying firm. November 2012 | Construction Equipment Distribution | www.cedmag.com | 41