A recent decision from the National Labor Relations Board reminds us that employers must tread carefully when union activity is afoot in their workplaces. An employer violated the National Labor Relations Act when, among other things, it pulled archived video footage at its cite upon becoming aware of the union activity. During its review of the tapes, company management observed…

Some workers at Tesla’s Freemont, California electric car factory are following a common play from the union organizing handbook: file specious unfair labor practice charges. Unions often file these to increase the employer’s cost of defending against unionization, to throw red herrings at the employer during the organizing campaign, and to foster media interest in…

A Company whose workforce is unionized lawfully terminated an employee after installing a GPS tracking device on the employee’s company-owned truck to assist a private investigator in following him. The investigator personally observed the employee operating his truck in an unsafe and illegal manner, failing to follow specified delivery times, stealing time, and falsifying his…

We previously reported on a National Labor Relations Board decision where Intertape Polymer Corporation won a union election 142-97, but the Board ordered a new election based on unfair labor practices. [See, “Minor Employer Misconduct During Organizing Campaign Nullifies Company’s Victory”] The Board, as expected, found that the company engaged in unlawful surveillance when its…

The National Labor Relations Board has continually held that surveillance of employees engaged in union organizing activity is generally unlawful. An employer that photographs or videotapes employees engaged in concerted activities may be engaging in prohibited surveillance, unlawfully creating the impression of surveillance, or both. The classic example of when this happens is after an…