Non-union employers can commit unfair labor practices

It’s a common misconception that the National Labor Relations Act (NLRA) applies only to union employers, but the NLRA actually impacts non-union employers as well. For example, nonunion employers are affected by the NLRA with respect to employee committees, salary confidentiality policies, hiring practices, and discipline. Employers are also prohibited from interfering in employees’ union-organizing activities.

Employee committees

If employee committees are established, make sure they are fact-finding in nature and don’t discuss terms and conditions of employment. An employee committee that discusses pay, benefits, or working conditions with management might create a situation that is too close to a bargaining relationship, especially if the employees involved appear to speak on behalf of the entire employee population.

Salary confidentiality policies

Many employers have policies that forbid employees to discuss their wages with other employees, but under the NLRA, this is not an enforceable rule. Section 7 of the NLRA gives employees the right to unionize, and in order to do so, employees need to be able to discuss the terms and conditions of their work — and that includes their wages.

Company policies should not discourage or forbid employees from sharing their wage/benefit information with one another.

Anti-union hiring policies

An employer cannot refuse to hire an applicant based on his or her support of a union, so questions about a potential employee’s experience with or feelings about unionization should be avoided in interviews. In some cases, a paid union organizer might apply for a job at a company for the express purpose of organizing it. This is called “salting.” A company can’t refuse to hire a salt based solely on his or her union affiliation, but does not have to hire a salt over another equally qualified candidate. Salts must be qualified for the job to be considered, and they must also show a genuine interest in the job.

Remember TIPS

It’s also an unfair labor practice to interfere with unionization, discourage union membership, or discriminate against employees who are involved in union activity. An easy way to

remember what should NOT be done is by memorizing the acronym TIPS, which stands for Threaten, Interrogate, Promise, and Spy. You may not:

Threaten to take action against an employee for supporting a union;

Interrogate employees about union activity, such as whether they signed an authorization card or how much support the union has;

Promise greater benefits, wages, or promotions to employees in exchange for withholding their support for a union;

Spy on unionizing activities to determine who is going to meetings, signing cards, or rallying other employees, either when employees are on duty or off.