If you’re interested in union employment, or are talking with your coworkers about organizing your job site with the union, then be sure you know your rights.
We’ve provided this handy list of 35 things your employer CANNOT DO, regardless of your status, with regards to your efforts to unionize. If you’ve experienced any of these issues, please reach out to us.
35 Things Your Employer CANNOT DO
It is unlawful for your employer, supervisor or foreman to interfere with, restrain or coerce employees seeking to organize or join a union.
Your employer cannot:
Engage in open or undercover surveillance of employees' union organizing activities, or give the impression that the employees are under surveillance (such as sending supervisors to spy on union meetings, watching the union hall, encouraging other employees to engage in surveillance).
Tell employees that the company will fire or punish them if they engage in union activity.
Interfere with, restrain or coerce employees seeking to organize or join a union.
Grant employees wage increases, special concessions or benefits in order to keep the union out.
Bar employee-union representatives from soliciting employees' memberships on or off the company property during non-working hours.
Ask employees about union matters, meetings, etc. (some employees may, of their own accord, walk up and tell of such matters. It is not an unfair labor practice to listen, but to ask questions to obtain additional information is illegal).
Ask employees what they think about the union or a union representative.
Ask employees how they intend to vote.
Threaten employees with reprisal for participating in union activities. For example, threaten to move the plant or close the business, curtail operations or reduce employee benefits.
Promise benefits if they reject the union.
Form a "company union," dominate or give financial support or other assistance to a union.
Announce that the company will not deal with the union.
Threaten to close, in fact close, or move plant in order to avoid dealing with a union.
Ask employees whether or not they belong to a union, or have signed up for union representation.
Ask an employee, during the hiring interview, about his affiliation with a labor organization or how he feels about unions.
Make anti-union statements or act in a way that might show preference for a non-union worker.
Make distinctions between union and non-union employees when assigning overtime work or desirable work.
Purposely team up non-union workers and keep them apart from those supporting the union.
Transfer workers on the basis of union affiliation or activities.
Choose employees to be laid off in order to weaken the union's strength or discourage membership in the union.
Discriminate against union people when disciplining employees.
By nature of work assignments, create conditions intended to get rid of an employee because of their union activity.
Fail to grant a scheduled benefit or wage increase because of union activity.
Deviate from company policy for the purpose of getting rid of a union supporter.
Take action that adversely affects an employee's job or pay because of union activity.
Threaten workers or coerce them in an attempt to influence their vote.
Threaten a union member through a third party.
Promise employees a reward (and premium pay) will be discounted if the plant is unionized.
Tell employees overtime work (and premium pay) will be discounted if the plant is unionized.
Say unionization will force the company to lay off employees.
Say unionization will do away with vacations, or other benefits and privileges presently in effect.
Promise employees promotions, raises or other benefits if they get out of the union or refrain from joining the union.
Start a petition or circular against the union or encourage or take part in its circulation if started by employees.
Urge employees to try to induce others to oppose the union or keep out of it.
Visit the homes of the employees to urge them to reject the union.
Any of the acts listed above may constitute a violation of the National Labor Relations Act (NLRA), as amended. You have rights and protection under the NLRA. If your employer does any of the things listed above, make a note of it, including names of those involved, time, place, etc. and report such incidents to your union.