Federal Support of Organizing Efforts – Insight from Burr Forman
Attached at the button below is a report recently issued by the White House, which explains what the administration has done, and plans to do, to help unions organize more effectively. It is worth reviewing. Remember that the NLRB’s general counsel has issued several memos already, which announce policy changes designed to increase penalties against employers and make it easier for unions to win elections. We also are awaiting the NLRB’s new election rules, which will be pro-labor.
Recently the NLRB began requiring employers accused of unfair labor practice charges to provide the NLRB with a complete copy of their employee handbook as well as all HR policies, whether written or kept on an intranet. The NLRB then is reviewing everything for what it believes are violations of federal labor law. Specifically, the NLRB seems to be closely examining policies on solicitation and distribution; bans on photos/videos at work; requirements that employees demonstrate respect, civility, professionalism; no loitering, no discussion of wages/benefits; requirements not to discuss matters that are the subject of a pending internal investigation; and others. This is similar to what OSHA does when it investigates an complaint and requests copies of safety policies. Everyone is well advised to update their handbook and HR policies, anticipating that the Obama-era NLRB rules are now being applied by the current NLRB.
Of particular note is the NLRB general counsel’s recent memo that advises the NLRB Regions to file suit in federal court when a union accuses an employer of committing an unfair labor practice during a union organizing campaign. Traditionally such charges were investigated and resolved by the Regions, but now it appears that garden variety charges can result in the employer being sued in federal court by the NLRB in an action for injunctive relief. This is a major departure from past practice, and promises to significantly increase the legal risk and cost of organizing campaigns, now that employers have to factor in potential federal litigation whenever a union accuses the company of committing one or more unfair labor practices.
For those of you considering what to do about these developments, it may help to be aware that many companies are:
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Training management on the basics of labor relations and supervisors’ role in lawfully communicating the company message.
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Analyzing the workforce to gauge morale and identify possible micro-units that could be carved out in an organizing campaign.
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Reviewing employee handbooks and HR policies to identify anything likely to be challenged by the NLRB for violating employee rights.
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Creating a rapid response team trained to quickly communicate with employees at the first sign of organizing activity.
Connect with your Burr Forman contact for additional guidance and direction.
Download White House Task Force on Worker Organzing and Empowerment Report