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HR Support on Union Avoidance

Editor's Note: Maintain a non-union workplace by fostering good employee relations.

Melissa BoyceOverview: If an employer wants to remain union-free, it should engage in employee relations practices to prevent a union from gaining support among its employees. The foundation for maintaining a nonunion workplace lies in making employees feel a sense of fairness and consistency as well as letting employees share in the business success, which can be done through the HR strategy process. Employers should regularly survey their workforce to determine the level of satisfaction among the employees and create an atmosphere that fosters open communication between employees and management. If the results demonstrate a significant level of dissatisfaction among the workforce, employers should strive to improve the working environment.

Employers can make their position on unionization known through a union avoidance position statement as well as a union avoidance policy. Union avoidance policies are permitted so long as that policy does not include conduct that violates the National Labor Relations Act (NLRA). However, it is a balancing act for employers if they decide to institute such a policy. The employer must make it clear that the employer prefers to remain non-union and why, but must not communicate the message in any way that may appear threatening or coercive. If a policy is in place it should be communicated to employees at the commencement of employment and may be made part of an employee handbook which employees sign and acknowledge receipt of.

Whatever methods used, employers must be careful (in the absence of an organizing drive) to not express their opinions about unions to their employees as these comments may be used against them as evidence of anti-union bias if an employee claims he or she was terminated for supporting a union.

Trends: Employers are continuing to be effective in avoiding a unionized workplace by engaging in positive employee relations practices. Research has shown that repetition of communication is helpful in preventing unionization. Using several methods to communicate positive employee relations messages to employees helps ensure that everyone understands the employer's objective.

Author: Melissa Boyce, JD, Legal Editor

New and Updated

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    Type:
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    Updated to reflect the final rule revising and clarifying the standard for joint employer status under the National Labor Relations Act (NLRA), effective April 27, 2020.

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    Type:
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    Updated to include law regarding union security clauses, effective April 12, 2019.

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    Type:
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    In-depth review of the spectrum of Utah employment law requirements HR must follow with respect to union organization and labor relations.

  • Maintaining a Union-Free Workplace

    Type:
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    This section of the XpertHR best practice manual discusses steps an employer may take to remain union-free, including developing a proactive union-avoidance strategy, identifying employee concerns, training supervisors and engaging in ongoing communications with employees.

  • The Unionization Process: Mississippi

    Type:
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    In-depth review of the spectrum of Mississippi employment law requirements HR must follow with respect to Union Organization and Labor Relations

  • The Unionization Process: Tennessee

    Type:
    Employment Law Manual

    In-depth review of the spectrum of Tennessee employment law requirements HR must follow with respect to union organization and labor relations.

  • How to Remain Union-Free

    Type:
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    This How To details the steps a prudent employer should take to remain union-free.

  • The Unionization Process: Texas

    Type:
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    In-depth review of the spectrum of Texas employment law requirements HR must follow with respect to union organization and labor relations.

  • The Unionization Process: Arkansas

    Type:
    Employment Law Manual

    In-depth review of the spectrum of Arkansas employment law requirements HR must follow with respect to union organization and labor relations.

  • The Unionization Process: Connecticut

    Type:
    Employment Law Manual

    In-depth review of the spectrum of Connecticut employment law requirements HR must follow with respect to union organization and labor relations.

About This Topic

HR guidance on avoiding unions.

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