What is an employer prohibited from doing during a union campaign?

Author: Jed L. Marcus, Bressler, Amery & Ross, P.C.

Under Section 9(c) of the National Labor Relations Act (NLRA), an employer has every right to express its opinion about unions and unionization. Certain conduct will, however, violate the NLRA, including:

  • Threatening an employee with loss of job or benefits if he or she joins or votes for a union or engages in protected concerted activity;
  • Questioning an employee about his or her union sympathies or activities in circumstances that tend to interfere with, restrain or coerce the employee in the exercise of his or her rights under the NLRA;
  • Promising benefits to an employee to discourage his or her union support; or
  • Threatening to close the facility if employees select a union to represent them.

Further, an employer may not transfer, lay off, fire, assign an employee more difficult work tasks, or otherwise punish an employee because he or she engaged in union or protected concerted activity, supported the union, filed unfair labor practice charges or participated in an investigation conducted by National Labor Relations Board.