Frequently Asked Questions
Can we require employees to attend meetings about the union?
Not under the NLRB's current Amazon.com Services precedent. Employers may hold meetings to communicate their views on union representation, but attendance must be voluntary. The Board's framework calls for reasonable advance notice of the meeting's subject, confirmation that employees may decline without adverse consequences, and assurance that attendance records will not be maintained. The precedent is under challenge, so employers should verify the governing law before planning campaign communications.
What should supervisors avoid saying during a union campaign?
Supervisors should not threaten consequences, question employees about their union views, promise benefits, or watch or appear to watch union activity. They may share facts, opinions and examples, such as how union dues work or the company's perspective on representation. Training supervisors before a campaign begins reduces the risk that a single conversation becomes an unfair labor practice charge.
What should an employer do after receiving a union recognition demand?
A recognition demand requires prompt attention, but management should assess its legal options before responding. Counsel should first identify the governing labor statute, the proposed bargaining unit, the union's claimed majority support and any available election procedures. Under existing Board precedent, prompt filing of an employer election petition may affect potential unfair labor practice exposure, although the Board has clarified that its two-week Cemex filing concept is not a jurisdictional deadline. The Sixth Circuit has also rejected the Cemex bargaining-order standard, making a current, jurisdiction-specific assessment especially important for Ohio employers.
How quickly does an NLRB election happen?
Representation proceedings can move quickly, with important obligations arising before an election date is set. Under current procedures, employers generally must post the Notice of Petition for Election within two business days after service of the Notice of Hearing, and a pre-election hearing is ordinarily scheduled approximately eight days after service. Statements of Position and voter lists are subject to separate, short deadlines. The actual election date depends on the case and is scheduled for the earliest practicable date under the applicable rules.
Can employees remove a union?
Yes, through a decertification petition, subject to timing limits. Employees may file a petition with at least 30 percent support, but generally not within one year after certification and, while a contract is in effect, only during the window 90 to 60 days before it expires (or after its third year). The employer may not initiate or assist the effort, although it may lawfully answer employee questions.
