What Employers Can and Cannot Do During a Union Organizing Campaign
What Employers Can Do
Under the law, employers—including managers and supervisors—are allowed to:
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Share their opinions about unions, as long as they do not use threats, intimidation, or undue influence.
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Promote the company and describe current wages, benefits, or working conditions.
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Anticipate employees’ concerns about unions and provide their perspective, without pressuring employees.
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Provide wage increases or improved benefits during an organizing campaign.
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Hold meetings to address workplace problems or concerns.
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Create tools such as suggestion boxes or complaint processes.
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Send letters or communications to employees’ homes.
Note: Once a union applies for certification—and after notice is given to bargain a first collective agreement—additional legal restrictions apply to employer conduct.
What Employers Cannot Do
Employers are not allowed to:
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Ask whether an employee has joined or is considering joining a union.
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Question employees about union meetings or activities.
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Call employees into the office to discuss the union unless the employee requests the meeting.
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Spy on or monitor employees participating in union activities.
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Assign undesirable work or punish employees because they support a union.
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Isolate union supporters to prevent them from speaking with other employees.
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Promise raises or improved benefits to discourage union support, or threaten loss of benefits if workers unionize.
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Threaten to close the workplace or lay off employees if a union is formed.
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Refuse to work with a union if employees choose to organize.
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Assist or encourage efforts to organize against the union.
