Overview: Once a union is formed, management should strive to work with rather than against a union in order to avoid exposure to an unfair labor practice charge. An employer commits an unfair labor practice if it engages in certain activities, including interfering, restraining or coercing employees in their exercise of their rights under the National Labor Relations Act (NLRA) and refusing to bargain in good-faith with a union representative.
Other examples of violations of the NLRA include refusing to hire an applicant or discriminating against an employee in any way because of union support or status. However, a majority of discrimination claims involve disciplining employees and changes in conditions of work. Discrimination can also be in the form of refusing to withdraw charges once filed.
Therefore, effective union and labor management that avoids exposure to liability under the NLRA should occur when employers follow positive employee relations practices, such as instilling fairness and respect with employees, effectively communicating with employees, and training all supervisors on good management and employee relations practices. Employers should have HR and/or their legal department review the fairness and legality of every final warning, suspension and termination decision. These practices will solidify management decision making and the appearance of fairness to all which may have the result of decreasing the number of unfair labor practice charges filed and increasing the chances of success at the National Labor Relations Board (NLRB) in the event that an unfair labor practice charge is filed.
Trends: The number of complaints issued each year by the NLRB Regional Offices for unfair labor practices is on the rise. Although not all allegations in a complaint are held to have merit, employers still have to spend their time and resources defending against such claims. Therefore, employers with a unionized workforce should be proactive and carefully consider the potential consequences of each action taken--even if lawful - in order to avoid exposure to such claims.
Author: Melissa Boyce, JD, Legal Editor
This briefing for supervisors examines the law and best practices for disciplining a union employee.
The Supreme Court announced on June 30 that it will hear a case challenging the mandatory union dues that nearly all California teachers are currently required to pay. In Friedrichs v. California Teachers Association, the justices will consider the legality of a practice that labor unions consider crucial - collecting dues from all workers whether they belong to a union or not.
This section helps HR professionals understand how a union is formed, including the secret ballot election process conducted by the National Labor Relations Board; strategies for employers for preventing and/or handling a union organizing campaign in the workplace; and discusses "Right to Work" states and union decertifications.
This briefing for supervisors examines the law and best practices for enforcing nondistribution and nonsolicitation policies in the workplace.
Employers must be careful when communicating with employees during the union election process. The steps detailed in this How To provide best practices regarding how to communicate with employees in the time leading up to and during the actual election.
This section helps HR professionals understand that the ultimate economic weapons available during a labor dispute are a strike by the union employees and a lockout by the employer. Additionally, this section provides guidance on the employer's rights and restrictions in replacing employees during a strike or a lockout.
In-depth review of the spectrum of Wisconsin employment law requirements HR must follow with respect to union organization and labor relations.
Employers may assume that all issues relating to union organization and collective bargaining will be governed by the federal National Labor Relations Act (NLRA). However, the fact is that the NLRA has left certain union-related matters up to the states.
The National Labor Relations Act (NLRA) protects the rights of employees to engage in "concerted activity for mutual aid or protection" to improve their wages, benefits and working conditions. Protected concerted activity includes, even in the absence of a union, activity by employees on behalf of co-workers or interacting with others to achieve a common goal.
HR and legal considerations for union and labor management. Support and advice on managing the many different aspects connected to labor relations.