Understanding Union-Busting Tactics
Union-busting tactics are methods used by employers to undermine workers' efforts to form or join a union. Recognizing these tactics and knowing how to respond is crucial for organizers to protect workers' rights and ensure fair labor practices. This guide offers insights into common scenarios, potential action plans, and essential tips for navigating union-busting challenges.
Union busting can involve both legal and illegal tactics and it’s important to be able to distinguish them and know how to respond. Remember that you have the right to organize and form a union! Therefore, you cannot be penalized for engaging in union activities.
Employers Are Within Their Legal Rights to Utilize These Various Methods to Try to Discourage Unionization.
Misrepresenting the effectiveness of unions
Employers will spread defamatory information to discourage union support and to present unions in a negative light.
Making false promises
Employers will make promises to improve conditions or offer more benefits to workers as a tactic to dissuade union support.
Organizing “captive audience” meetings
Management may hold mandatory meetings to present their perspective on unionization and to persuade employees to vote against forming a union. This is only legal, so long as they don’t threaten or punish employees for their union activity.
Delaying Tactics
Employers can implement temporary improvements to dissuade unionization efforts, only to revert to previous practices once union discussions subsides. They can also spring last-minute surprises on workers to tire them out.
Watch Out For These (Very Illegal!) Ways Employers Try Busting Unions
These actions are illegal for employers to do. If discovered, report the incident to the National Labor Relations Bureau.
Using fear-based messaging
Employers sometimes will resort to coercion or breaking labor laws to discourage employees from unionizing. An example includes sending letters to workers and their families to emotionally manipulate them into withdraw union support.
Sponsoring anti-union campaigns
Organizing "Vote No" or "No Union" committees composed of employees recruited to campaign against the union, often with support and materials provided by management.
Employing digital surveillance
Employers are not allowed to monitor or spy on union activities. This includes attending union meetings or gathering information about union supporters.
Hiring union-busting consultants
The usage of union-busting consultants becomes illegal when they start to interact and interfere with employees and union activity.
If you suspect your employer of doing illegal acts, report it to the NLRB here.Arrow
Here Are Some Common Lies and Strategies That Employers Use to Discourage Union Support.
  • Portraying unions as third-party entities that will make decisions for employees, creating a sense of loss of control.
  • Exaggerating the perceived extremity of unionization and suggesting that it will lead to stress and conflict.
  • Falsely claiming that unions will force employees to strike, impose expensive dues, or jeopardize existing benefits.
  • Misrepresenting the effectiveness of unions in addressing workplace issues and suggesting that union contracts are inflexible.
  • Making false promises to address employee concerns without union representation.
  • Threatening negative consequences such as job loss, career impact, or immigration status issues for those involved in unionization efforts.
  • Creating a narrative that portrays unions as disruptive to workplace harmony and implying that unionization may lead to violence or loss of job security.
  • Spreading misconceptions about union dues and suggesting that unions prioritize financial gain over employee welfare.
  • Asserting that management will not negotiate or honor a union contract, implying futility in unionization efforts.
  • Fostering a culture of fear and discouraging open discussions about unionization within the workplace.
  • Using emotional manipulation by appealing to the sense of camaraderie or family atmosphere in the workplace and urging employees to give management another chance.

Navigating Unfair Labor Practices (ULPSs)

Unfair Labor Practices (ULP)

• Definition: Violations of the National Labor Relations Act (NLRA) by employers, enforced by the U.S. Federal Labor Relations Authority.

• Employee Rights: Protected under NLRA Section 7, including the right to self-organize, join or form labor organizations, bargain collectively, and choose representatives.

Unfair Labor Practices by Management or Employer

• Prohibited Actions: Under NLRA Sections 7 and 8, including interference with protected concerted activities, hindering union formation, and discrimination against employees for engaging in protected activities.

• Examples: Threatening employees' careers, unlawful transfers for seeking NLRB assistance, and modifying work schedules without union notification.

NLRB Remedies Against ULPs

• Filing a Charge: Employees or NLRB members can file ULP charges with the NLRB within six months of the incident.

• Investigation: NLRB's General Counsel investigates charges, decides on acceptance, and may request modifications.

• Settlement: Formal charges may lead to formal filing or informal settlements facilitated by the NLRB.

• Interim Injunctive Relief: Federal district courts may issue relief for serious charges to protect employees from harm.

• Hearing and Decision: Unresolved charges proceed to Administrative Law Judges of the NLRB, with a process similar to federal courts.

• Review of Charges: Dissatisfied parties may petition for review by the Court of Appeals and potentially the Supreme Court.

• Compliance: If upheld, the NLRB's decision is enforced by the Regional Director, with compliance monitored, including back pay disputes.

Key Terms

Bargaining Agent

An individual or entity representing either an employer or a union in labor-related negotiations. This could include a labor organization acting as the exclusive representative for all employees within a bargaining unit, regardless of their union membership status.

Bargaining Unit

A defined group of employees represented or targeted for representation by a union for the purposes of collective bargaining. These units are determined to be "appropriate" based on factors such as shared interests among employees and the exclusion of supervisory personnel.

Captive-Audience Meeting

Meetings mandated by employers during work hours with the specific intention of disseminating anti-union propaganda to employees. Attendance is often compulsory, and the meetings are designed to influence workers' views on unionization.

Collective Bargaining Agreement (CBA)

A negotiation process between employer representatives and union representatives aimed at determining employment terms such as wages, hours, and working conditions. The outcome of these negotiations is documented in a legally binding collective bargaining agreement.

Good-Faith Bargaining

The obligation of both parties engaged in collective bargaining to negotiate sincerely and earnestly with the intent to reach a mutually acceptable agreement. This includes the timely participation of authorized representatives in negotiations and meetings.

Prevailing Wage

The average hourly wage, along with standard benefits and overtime compensation, paid to a majority of workers in a particular geographical area, typically determined through surveys or government data.

Steward

A designated union representative responsible for representing the interests of fellow employees within the workplace and ensuring compliance with union policies and procedures.

Strike

A concerted work stoppage initiated by employees as a last resort to pressure employers to meet their demands or address grievances through collective action.

Taft-Hartley Act

Also known as the Labor-Management Relations Act, enacted in 1947, imposes additional regulations on labor unions, restricting certain union activities and imposing requirements for unionization.

Twenty-Four Hour Rule

A provision prohibiting employers and unions from conducting election-related activities or speeches during company time within 24 hours preceding a scheduled union representation election.

Weingarten Rights

The right of an employee to have union representation during employer-initiated investigatory meetings that could result in disciplinary action against the employee, upon request.

Wildcat Strike

An unauthorized work stoppage initiated by employees without union leadership approval, typically in response to a specific incident or grievance.