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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:

  • Share their opinions about unions, as long as they do not use threats, intimidation, or undue influence.

  • Promote the company and describe current wages, benefits, or working conditions.

  • Anticipate employees’ concerns about unions and provide their perspective, without pressuring employees.

  • Provide wage increases or improved benefits during an organizing campaign.

  • Hold meetings to address workplace problems or concerns.

  • Create tools such as suggestion boxes or complaint processes.

  • 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:

  • Ask whether an employee has joined or is considering joining a union.

  • Question employees about union meetings or activities.

  • Call employees into the office to discuss the union unless the employee requests the meeting.

  • Spy on or monitor employees participating in union activities.

  • Assign undesirable work or punish employees because they support a union.

  • Isolate union supporters to prevent them from speaking with other employees.

  • Promise raises or improved benefits to discourage union support, or threaten loss of benefits if workers unionize.

  • Threaten to close the workplace or lay off employees if a union is formed.

  • Refuse to work with a union if employees choose to organize.

  • Assist or encourage efforts to organize against the union.

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