Labor laws uphold the right of employees to organize and bargain collectively with their employers. Workers generally have a legally protected right to organize or to at least explore the option of unionizing without their employers interfering in that process.
Unfortunately, disputes when workers attempt to unionize are relatively common. Some employers unlawfully retaliate against workers involved in unionization efforts. Others may engage in concerted efforts to deter unionization. The three forms of conduct outlined below may all represent unlawful interference in the rights of workers to organize.
1. Threatening employees for unionizing
Managers and other company leaders may try to identify the employees involved in organizing others or communicating with union officials. They may then attempt to deter those workers from continued efforts by threatening them with termination, demotions or other consequences.
2. Making promises for refusing to participate
In some cases, employers may offer perks to workers who reject unionization. For example, they might promise bonuses for workers who agreed to vote against unionization proposals. Such promises are often empty and primarily serve to manipulate workers.
3. Inappropriately monitoring workers
Companies may attempt to spy on employees in private spaces or while they are not on the clock as a means of determining if they intend to unionize. They may also escalate on-site surveillance efforts, possibly without disclosing any recording taking place to the employees.
Workers facing unlawful pushback during their attempts to unionize may need help understanding and asserting their rights under federal and state labor laws. Discussing questionable employer conduct with a lawyer can help employees who have faced retaliation or threats hold businesses accountable for inappropriate conduct.