Implement an Anti-Union Campaign

Key Points

  • An employer has the right to express its views, argument or opinion under the National Labor Relations Act so long as its speech does not contain any threat, reprisal or force or promise of benefit.
  • "Captive audience" meetings can also be held after a union petition has been filed but before the election has been held. These meetings are held during work time. An employer may also hire outside consultants to conduct meetings and lead the campaign. In addition, an employer may send letters to employees at their homes and post informational articles on the employer's bulletin board and intranet sites.
  • An employer should tread carefully concerning social media posts made by employees regarding union activity. An employer should not attempt to make "friends" or otherwise connect with union supporters as such activity may constitute illegal surveillance.

XpertHR Resources