Employers and Unions in 2022: 5 Common Mistakes to Avoid

Even if the current United States labor market doesn’t currently reflect a high percentage of union workers or union organizers, employers should prepare for an upward trend in union representation.  Recently, Starbucks, Apple, and Amazon have all experienced attempts from nonunion workers to unionize.  Employers in all industries may be seeing the beginnings of more worker interest in collective action, collective bargaining agreements, and organized pushes for higher wages and improved working conditions.  To prepare, employers should be aware that all their workers are covered by the National Labor Relations Board (NLRB) and National Labor Relations Act (NLRA).  Organizations must ensure they are compliant with labor law surrounding employers and unions.  MP’s HR experts cover the top mistakes employers should avoid.    This article covers the top five mistakes employers should avoid.  

Employers and Unions: The Top 5 Mistakes  

1. Threatening employees.  Employers must never threaten their staff for choosing to participate in union activities, abstaining from union activities, or attempting to form a union.  All employees have the right to participate in or conduct these activities (as long as it’s not interfering with their ability to work).  Employers must not suggest they will punish these activities by firing the employee, reducing compensation or benefits, or making any other changes to their job duties, schedule, work location, etc. It’s important to note that sometimes an employer takes an action that isn’t related to their employee’s union activities (or refusal to participate in union activities) however, the employee may still interpret it in this manner.  Organizations should be careful to ensure their staff understand their rights are respected and protected in the workplace.  HR experts, like the ones at MP, can assist with reviewing current practices and developing new strategy to ensure NLRA compliance. 
    

2. Allowing employees to threaten each other.  Similar to what’s stated above, employers should apply these protocols to their employees.  They must not let employees intimidate or harass each other for joining a union, abstaining, etc.  Managers should discipline this behavior, because it violates their employees’ rights under the NLRA. 
    

3. Interrogating employees.  Employers may not interrogate their employees about their union activities, interests in unionization or joining/forming a union, etc.  They must also abstain from questioning employees or job candidates about how they feel about potential unionization, joining a union, etc.  To reduce risk and exposure, employers should refrain from conversations around union activities.  However, they should share during onboarding, in the employee handbook, or when asked, that the workplace supports their staff’s rights.  It’s important to note that just as employees have the right to unionize or join a union, they also have the right to choose not to participate.  Employers are equally responsible for avoiding the appearance of discriminating against an employee who chooses not to join or support a union.  
    

4. Monitoring employees for union activity.  Whether these activities occur on or off-site, during or not during work hours, organizations should never spy on their employees to determine what the union is doing, planning, who is joining, etc.  Even the appearance of monitoring employees for this type of activity could still significantly increase risk and exposure.  Employers must train their managers comprehensively, so their actions are always compliant and supportive of employees’ protected rights.  
    

5. Promising or rewarding employees.  When it comes to employers and unions, it’s critical that organizations never promise their employees rewards (such as a higher wage, increase in benefits, change in schedule or status or title, etc.) for actions that support (or don’t support) a union.  It’s imperative that employers make it clear they are neutral on the topic of union activities.  Even if they’re not explicitly making such bargains, managers and leadership should be careful to ensure their actions cannot be read as anything but neutral and compliant on this topic.  Managers may benefit from yearly training, and, in some cases, it may be necessary to discipline them for making this mistake.  Organizations should not underestimate the potential cost in legal fees, damage to their reputation, or the steep penalties and fines leveraged by the National Labor Relations Board.