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  • The law protects you from your employers threats and actions
    Updated On: Jul 23, 2007

    What Your Employer May Not Do During an Organizing Drive

    Under Section 8(a) of the National Labor Relations Act, there are a number of actions that your employer and/or supervisors may not engage in, which constitute unfair labor practices (UPLs). These restrictions on the employer's conduct are designed to protect and preserve your right to join a union under Section 7.

    Section 8(a)(1) of the NLRA states that the employer may not:
    "Interfere with, restrain, or coerce employees in the exercise of the rights guaranteed under Section 7."

    Employees are supposed to have a FREE CHOICE in deciding whether or not they want to use their right to organize. Any of the acts listed below constitutes a violation of the National Labor Relations Act, as Amended.

    The Employer Cannot:

    1. Attend any union meeting, park across the street from the hall or engage in any undercover activity which would indicate that the employees are being keep under surveillance to determine who is and who is not participating in the union program;
    2. Tell employees that the company will fire or punish them if they engage in union activity;
    3. Lay off, discharge, discipline any employee for union activity;
    4. Grant employees wage increases, special concessions or benefits in order to keep the union out;
    5. Bar employee wage increases, special concessions or benefits in order to keep the union out;
    6. Ask employees about union matters, meetings, etc. (Some employees may, of their own accord, walk up and tell of such matters. It is not unfair labor practice to listen, but to ask questions to obtain additional information is illegal.);
    7. Ask employees what they think about the union or a union representative once the employee refuses to discuss it;
    8. Ask employees how they intend to vote;
    9. Threaten employees with reprisal for participating in union activities. For example, threaten to move the plant or close the business, curtail operations or reduce employees' benefits;
    10. Promise benefits to employees if they reject the union;
    11. Give financial support or other assistance to a union;
    12. Announce that the company will not deal with the union;
    13. Threaten to close, in fact close, or move plant in order to avoid dealing with a union;
    14. Ask employees whether or not they belong to a union, or have signed up for union representation;
    15. Ask an employee, during the hiring interview, about his affiliation with a labor organization or how he feels about unions;
    16. Make anti-union statements or act in a way that might show preference for a non-union worker;
    17. Make distinctions between union and non-union employees when assigning overtime work or desirable work;
    18. Purposely team up non-union workers and keep them apart from those supporting the union;
    19. Transfer workers on the basis of union affiliations or activities;
    20. Choose employees to be laid off in order to weaken the union's strength or discourage membership in the union;
    21. Discriminate against people with disciplining employees;
    22. By nature of work assignments, create conditions intended to get rid of an employee because of his/her union activity;
    23. Fail to grant a scheduled benefit or wage increase because of union activity;
    24. Deviate from company policy for the purpose of getting rid of a union supporter;
    25. Take action that adversely affects an employee's job or pay rate because of union activity;
    26. Threaten workers or coerce them in an attempt to influence their vote;
    27. Threaten a union member through a third party;
    28. Promise employees a reward or future benefit if they decide "no union";
    29. Tell employees overtime work (and premium pay) will be discontinued if the plant is unionized;
    30. Say unionization will force the company to lay off employees;
    31. Say unionization will do away with vacations or other benefits and privileges presently in effect;
    32. Promise employees promotion, raises or other benefits if they get out of the union or refrain from joining the union;
    33. Start a petition or circular against the union or encourage or take part in its circulation if started by employees;
    34. Urge employees to try to induce others to oppose the union or keep out of it;
    35. Visit the homes of employees to urge them to reject the union.

    If you believe that your employer has committed any of these unfair labor practices, please contact us immediately.

  • International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, It's territories and Canada, AFL-CIO, CLC, Local 122 - San Diego

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