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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

  • The Unionization Process: Utah

    Type:
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    Updated to reflect an amendment regarding union dues, effective May 8, 2018.

  • The Unionization Process: Federal

    Type:
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    Updated to reflect the NLRB reverting to the Browning-Ferris joint employer test.

  • 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: Wisconsin

    Type:
    Employment Law Manual

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

  • The Unionization Process: Mississippi

    Type:
    Employment Law Manual

    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.

  • The Unionization Process: Michigan

    Type:
    Employment Law Manual

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

  • How to Remain Union-Free

    Type:
    How To

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

  • The Unionization Process: Texas

    Type:
    Employment Law Manual

    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.

About This Topic

HR guidance on avoiding unions.

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