Run 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.
  • An employer may use "captive audience" meetings after the petition has been filed but before the election has been held. These meetings are held during work time. Employers may also hire outside consultants to conduct meetings and lead the campaign. In addition, employers may send letters to employees at their homes and post informational articles on the employer's bulletin board and intranet sites.
  • Employers may also monitor the union's posts on social media sites like Facebook and Twitter and respond as necessary. Be aware that employers should tread carefully concerning social media posts and legal counsel should be contacted before any action is taken in response. An employer should not attempt to make "friends" with union supporters as such activity may constitute illegal surveillance.

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