Company Threats of Closure or Drug Testing Hands Union Organizing Victory without Election

Employees testified that immediately after the UE local filed an election petition with the NLRB supervisors at MTIL, Inc., the Company made comments to employees that the employer, which sanitizes plastic packing crates for another company, might close or relocate its plant if the union was elected. The NLRB also received testimony that supervisors told…
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NLRB: It’s Not What Management Says, It’s What Employees Hear

A union sought to organize workers of a construction company. In response, the owner of the company told employees that electing a union would financially “crush” the company. This statement was unlawful because the owner offered no objective evidence that a union win would make it impossible for the company to survive. This case involves…
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OK to Fire HR Generalist for Threatening to Unionize Workers

A company was growing and wanted to hire someone who could ensure that it remained compliant with workplace laws, so it hired an HR Generalist. After auditing personnel files and payroll, the HR Generalist drafted a letter that said, among other things: He had major concerns about the workplace; One employee was racist; One employee…
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Employer Punished for Truthful Statements During Union Organizing Effort

Anyone who has been through a union organizing campaign can relate to the following. Until now, employers could tell the truth to their employees. Employers could tell employees that a union could not guarantee a wage increase, that everything is negotiable, that unions cost money, that unions preclude an employee from working directly with management,…
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Suspension Threat to Union Rep Unlawful

Weingarten rights permit employees to have a union representative attend an investigative interview the employee reasonably believes may result in discipline. The union representative can assist the interviewee. But how much assistance can be rendered was recently litigated when a manufacturer threatened a union steward with suspension for using notes during an investigatory meeting. The…
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