What may an employer do and not do during the union election process?

Author: Jessica Sussman

During the time leading up to a union election, an employer may prohibit union organizers and employees from engaging in organizing activities on the employer's premises during "working time." An employer, however, may not prohibit employees from using work email to communicate about unionization or terms and conditions of employment during "nonworking" time.

An employer may not promise benefits or pay increases to an employee in exchange for withholding support for the union. An employer may also not interrogate an employee regarding his or her opinions on unionization or his or her participation in union activities. Importantly, an employer may not threaten any action, including discipline or termination, or threaten to close a work location or a plant if employees vote in favor of a union. Finally, an employer may not create an impression of surveillance of union activities by members of management.