When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their rights and obligations when dealing with unions to ensure that they make the right decisions for their business. And, like most things, an ounce of prevention is worth a pound or more of cure.
 
Here are some steps that employers should take when a union approaches them:

1. Determine the reason for the union’s interest - The first step is to understand why the union is interested in organizing your employees. Is it due to a specific issue, such as low wages or poor working conditions? Or is it part of a broader union organizing campaign? Understanding the union's motivations can help you determine the best way to respond.
2. Review your legal obligations - Employers should review their legal obligations when dealing with unions. The National Labor Relations Act (“NLRA”) outlines the rights of employees to organize and engage in collective bargaining. Employers must not interfere with employees' right to unionize or retaliate against employees who engage in protected union activity.
3. Consult with a labor attorney - Employers should consult with a labor attorney to understand their legal obligations and the potential risks associated with unionization. An attorney can provide advice on how to respond to the union's approach, what actions can be taken, and identify the potential legal consequences.
4. Communicate with employees - Employers should communicate with their employees about the union's approach. It is important to be transparent and honest with employees about the situation. Employers should provide employees with factual information about the union and the potential consequences of unionization.
5. Develop a strategy - Employers should develop a strategy for responding to the union's approach. This may include preparing for a union election or developing a plan to lawfully address employee concerns proactively. Developing a strategy can help employers navigate the unionization process and ensure that they are prepared for any potential outcomes.
6. Train supervisors - It is critically important for the employer’s management team and supervisors to understand the do's and don'ts when talking with employees during a union campaign.

 
DO's:
 

• Respect employees' rights: The NLRA guarantees employees the right to form, join or assist unions. Employers should respect these rights and not interfere with employees' union activities.
• Provide accurate information: Employers should provide accurate information to employees about the union campaign and the union's activities. Providing inaccurate information can lead to confusion and may even be considered an unfair labor practice.
• Encourage open communication: Employers should encourage open communication with employees and listen to their concerns. This can help to address employees' concerns and may even prevent the formation of a union.
• Train supervisors: Employers should train supervisors on what to say and what not to say during a union campaign. Supervisors should be trained to avoid making promises or threats that could be seen as coercion.
• Be proactive: Employers should be proactive and address employee concerns before they become union issues. This can help to prevent the formation of a union.

 
DON'Ts (“TIPS”):
 
(T)hreaten or intimidate employees: Employers should not threaten or intimidate employees who are participating in union activities. This includes making threats to employees' jobs, benefits, or working conditions.
 
(I)nterrogate:  Employers should not interrogate employees about their support for a union, their activities on behalf of the union, etc.
 
(P)romise benefits: Employers should not promise benefits to employees to discourage them from participating in union activities. This can be seen as an unfair labor practice and can even result in legal action.
 
(S)py on employees: Employers should not spy on employees who are participating in union activities. This includes monitoring employee emails, phone calls, or social media accounts.
 
In summary, the formation of a union can be a stressful time for both employers and employees. Employers should be aware of the do's and don'ts when talking with employees during a union campaign. By respecting employees' rights, providing accurate information, encouraging open communication, and being proactive, employers can create a positive work environment that addresses employees' concerns, provide a healthy and rewarding career for employees, and obviate the need for its employees to form of a union.

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