What can an employer do to discourage union support?

Table of Contents

What can an employer do to discourage union support?

Promising benefits to employees to discourage their union support. Transferring, laying off, terminating, assigning employees more difficult work tasks, or otherwise punishing employees because they engaged in union or protected concerted activity.

What are the disputed or breached employment terms and conditions?

A selection of key cases on disputed or breached terms and conditions of employment, including a summary of the decision and implications for employers. Disputed or Breached Employment Terms & Conditions Cases | CIPD

Can a union file an unfair labor practice charge?

The union can also file an unfair labor practice charge with the National Labor Relations Board or the state labor commission (for the public sector) since the change constitutes a unilateral change of a mandatory issue (wages, hours and/or working conditions).

Is it unfair for an employer to refuse to bargain with a union?

It is an unfair labor practice for either party to refuse to bargain collectively with the other, but parties are not compelled to reach agreement or make concessions. If after sufficient good faith efforts, no agreement can be reached, the employer may declare impasse, and then implement the last offer presented to the union.

Promising benefits to employees to discourage their union support. Transferring, laying off, terminating, assigning employees more difficult work tasks, or otherwise punishing employees because they engaged in union or protected concerted activity.

What happens if you refuse to bargain with an employee union?

Refuse to recognize and bargain with a union that represents employees of an employer whose business you are acquiring, if you refuse to hire the predecessor’s employees because they are unionized. In other words, if you discriminate in hiring to avoid becoming a Burns successor, you become a Burns successor – and a “perfectly clear” one at that.

Can a Union refuse to process a grievance?

Refusing to process a grievance because an employee has criticized union officials or because an employee is not a member of the union in states where union security clauses are not permitted.

When does an employer’s obligation to a union end?

The parties’ obligations do not end when the contract expires. They must bargain in good faith for a successor contract, or for the termination of the agreement, while terms of the expired contract continue.

What does ” just cause ” mean in a non-union workplace?

This is different from the typical “at will” employment standard in non-union employment relationships. “Just cause” means you need to show that the worker violated some work rule, standard, or expectation, and you were justified in taking action. Here are some considerations supervisors should use in evaluating whether there is “just cause”:

What does ” I’m currently working at a company ” mean?

“I’m currently working at a company” implies that you are self-employed and have been commissioned by a company to undertake some work for them. “I’m working for a company” implies that you are employed, in some capacity, by a company and on their payroll. Worried about accidental plagiarism?

What happens to employees who object to union membership?

Even under a security agreement, employees who object to full union membership may continue as ‘core’ members and pay only that share of dues used directly for representation, such as collective bargaining and contract administration. Known as objectors, they are no longer full members but are still protected by the union contract.

Can a company treat a union workforce differently?

In the recent case of Merck, Sharp & Dohme Corp., 367 NLRB No. 122 (May 7, 2019), the National Labor Relations Board (NLRB) clarified and reaffirmed that for the most part, employers are free to treat union and nonunion workforces differently as long as the employer does not have an improper anti-union motive in doing so.

How to manage in a unionized work setting?

Experience teaches that managing in a unionized setting is not all that daunting if you take the following guidelines into consideration. Experience teaches that managing in a unionized setting is not all that daunting if you take the following guidelines into consideration. This website uses cookies. Read our cookie notice.

How is the NLRB dealing with divided workforce?

The unions alleged that the company violated the NLRA by denying the union employees the extra paid day off. After a trial, an administrative law judge (ALJ) agreed with the unions and ordered the company to pay each union employee a day’s pay. However, a divided NLRB reversed the ALJ’s decision, holding that the company did nothing wrong.

Can a manager terminate a subordinate in a union?

However, most management forms are written for white-collar work where there is a subordinate and a manager where both can terminate the relationship without serious organizational repercussions. Unfortunately, that style and approach do not fly as well if someone is managing in a union environment.

Do you have to give notice of a union meeting?

The union must give the employer at least 14 days’ notice of the date and time of a union meeting. The union must make arrangements with the employer to maintain the employer’s business during union meetings (which may include enough union members not attending the meeting so the employer’s operations can continue).

What happens when an employer declares an impasse with a union?

If after sufficient good faith efforts, no agreement can be reached, the employer may declare impasse, and then implement the last offer presented to the union. However, the union may disagree that true impasse has been reached and file a charge of an unfair labor practice for failure to bargain in good faith.

Can a company suspend an employee for not being a union member?

Seeking the suspension, discharge or other punishment of an employee for not being a union member even if the employee has paid or offered to pay a lawful initiation fee and periodic fees thereafter.

How to write a letter to the Union?

Send your letter certified mail , return receipt requested, and keep a copy of everything. I am writing to request a copy of the current collective bargaining agreement between Local 3 and Overwork Manufacturing Corp. I have worked at the Overwork Manufacturing Corp. as a machine operator and have been a member of Local 3 for 15 years.

Can a public employee resign from a union?

Several federal courts have held that the First Amendment protects a public employee’s right to resign union membership at any time. Some states, but not all, also have statutes that guarantee public employees the right to resign.

Seeking the suspension, discharge or other punishment of an employee for not being a union member even if the employee has paid or offered to pay a lawful initiation fee and periodic fees thereafter.

When is an employer required to bargain with a union?

After employees choose a union as a bargaining representative, the employer and union are required to meet at reasonable times to bargain in good faith about wages, hours, vacation time, insurance, safety practices and other mandatory subjects.

Why did Google hire an anti-union consulting firm?

Credit… Google has hired an anti-union consulting firm to advise management as it deals with widespread worker unrest, including accusations that it has retaliated against organizers of a global walkout and cracked down on dissent inside the company.

How are disability benefits paid to the unemployed?

Disability benefits are also paid to an unemployed worker to replace unemployment insurance benefits lost because of illness or injury. An employer is allowed, but not required, to collect contributions from its employees to offset the cost of providing benefits.

Who is responsible for paying for you pass?

The employee would be responsible for paying both a replacement fee and the ongoing cost of the U-PASS. If an employee holds more than one position and at least one is eligible for a fully subsidized U-PASS, the employee receives the fully subsidized U-PASS benefit.

Can I be required to be a union member or pay dues to a?

If you work primarily in a Right to Work state, except on certain federal property, you not only have the right to refrain from becoming a union member, you cannot be required to pay dues or an agency fee to the union unless you choose to join the union.

What happens if a federal employee becomes disabled and..?

Cheri: The FERS Disability retirement rules require you to apply for Social Security Disability benefits prior to making FERS application for benefits and you will have to provide proof of such application when you submit your FERS application.

The employee would be responsible for paying both a replacement fee and the ongoing cost of the U-PASS. If an employee holds more than one position and at least one is eligible for a fully subsidized U-PASS, the employee receives the fully subsidized U-PASS benefit.

How to know if your company is vulnerable to unions?

Employee satisfaction surveys are a great tool to determine what your employees are thinking and an accurate predictor of your vulnerability to unions. Rarely are employees not willing to talk. You just have to listen.

How can I prevent a union drive in my workplace?

If there is a union drive in your workplace, then you can prevent the employees from posting notices about upcoming meetings on your bulletin board. You are not discriminating against the union if you have restricted postings on your bulletin board in the past to certain topics (like advertisements to sell goods).

Why are so many employers anti-union?

For instance, unions have the ability to engage in collective bargaining. Even then, though, employers are hesitant to bend to the will of the collective workers. Most employers are anti-union, and some even punish workers for joining unions with harassment, interrogations, and surveillance about union activity.

Employee satisfaction surveys are a great tool to determine what your employees are thinking and an accurate predictor of your vulnerability to unions. Rarely are employees not willing to talk. You just have to listen.

How to keep your workplace union-free HR daily advisor?

Start at the beginning. From the very beginning of the employment relationship, let your employees know your opinion on unions and why a union would not be right for your organization. Include a union position statement with orientation materials and in the employee handbook. Be pro-worker, not anti-union.