Human Resource Law
Union-organizing activities are rumored to take place in the nonunion facility where I work. Employees have been getting emails in their inboxes requesting them to seek union representation. The management of the company has been asking for my advice on whether unions have the right to contract workers that belong to a private entity.
Governing labor laws, historical influences, legal precedents, and decisions
The National Labor Relations Act (NLRA) is a labor law that requires employees never to be denied the right to: engage in self-organization; come up with, seek membership, or help labor unions, bargain collectively via their choice of representatives, hold strikes, take part in other concerted actions for mutual aid, or refrain from such acts (O’Brien, 2020). To guard the rights of workers for self-organization and offer collective bargaining an opportunity to work, the NLRA prohibits particular actions referred to as unfair labor practices (ULPs). If the management discourages employees from joining the union, or if it confronts union members for trying to reach out to employees, then it will be discriminating against employees for the aim of encouraging membership in a labor union.
The National Labor Relations Act is always in support of union organizing and representation elections. Employers are required by the NLRA not to prohibit the use of their email systems for organizing actions in the course of employees’ nonwork time. The company should also have no problem with other union-organizing actions which involve the distribution of literature at the facility of the employer. The only instance where employers of the organization should complain to authorities is when the union influences employees to discuss union matters during work time.
Actions the company can and cannot take to limit unionization
The NLRA requires employers not to discharge or otherwise discriminate against workers due to their efforts to organize unionization. Second, employers have to permit employees to take part in discussions regarding unionization in the workplace in the course of nonwork time. Third, the employers ought not to prohibit the utilization of their email systems for organizing actions in the course of employees’ nonwork time. Finally, if employees are permitted to utilize email for nonwork actions in the course of work time; this ought to extend to organizing actions.
Messages and information employers can and cannot communicate
Provide guidance on the messages and information employers can and cannot communicate in response to union organizing activity and legal risks associated with common tactics. Given that the employers, in this case, are faced with an organizing campaign, they may be tempted to inquire which workers support unionization. Such an act could be seen as intimidation and should not be pursued (Block, 2021). It would also be a violation of the NLRA if the employers (and unions) are prohibited from coming up with statements that are full of threats of reprisal or force or promising to accord benefit, and from making threats to workers as a way of influencing their decisions with respect to unionization. What’s more, the moment a campaign is looming, employers risk violating the NLRA in the event that they increase wages or make previously unscheduled alterations in employment-related benefits (Walsh, 2015).
The best approach for the organization is to let the union members be in their attempt to create awareness among employees. Doing otherwise may be perceived as an attempt to go against the machinations of the NLRA. Trying to dissuade employees from listening to union members may be seen as intimidation. In addition to that, confronting union members can be seen as a move to discourage unionization.
Block, S. (2021). Rights Not Interests: Resolving Value Clashes under the National Labor Relations Act by James A. Gross.
O’Brien, C. N. (2020). Twenty-First Century Labor Law: Striking the Right Balance between Workplace Civility Rules that Accommodate Equal Employment Opportunity Obligations and the Loss of Protection for Concerted Activities Under the National Labor Relations Act.
Walsh, D. J. (2015). Employment law for human resource practice. Cengage Learning.
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