Campaign threats or implied promise of benefit?
Did the employer statements constitute an unlawful threat or an unlawful promise in violation of Section 8(a)(1) of the LMRA? Why or why not? Yes, the employer statements were unlawful. The NLRA guaranteed workers the right to join unions without fear of management reprisal. It created the National Labor Relations Board (NLRB) to enforce this right and prohibited employers from committing unfair labor practices that might discourage organizing or prevent workers from negotiating a union contract. Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through …show more content…
The NLRB prohibits employers from holding captive audience meetings 24 hours prior to the election, because insufficient time will exist for the union to respond; therefore if they decide to hold a meeting it will have to be within reasonable times. There should be a social media policy in place and such policy should be clear and understandable to the average employee. The NLRB’s rulings have in large part turned on the ambiguities of social media policies, and the possibility that employees may misunderstand the policies to bar protected activities. A social media policy must not be overbroad. Policies should be narrowly drawn to address the employer’s legitimate policy objectives (for example, preventing the disclosure of the company’s proprietary information via social media or restricting the use of social media to engage in harassing conduct that would violate the company’s anti-discrimination and harassment policies). Employers will not like what the unions are trying to do, but this does not give them the right to talk down on the unions. When employers talk to employees during a union organizing campaign, they will need to be mindful of what they are saying. Sometimes people talk too much and a supervisor or manager could cause an employer to have a lawsuit. Within the guidelines, I suggest the managers and supervisors to keep their negative thoughts