Union Election Campaign Lawyers

A labor union is a group of workers in a particular trade or industry who band together to preserve and advance their rights and interests at work. These workers collaborate on suggestions for improving their working circumstances. They form a union because they think their needs would be better satisfied if they spoke to their employer as a group.

What is a Union Election Campaign?

Employees typically choose to unionize by casting a ballot in a union election. A union election campaign is when various unions “campaign” for votes from workers who want to form a union.
Employers have the power to stop a union election campaign.

Almost all companies will try to stop their workers from joining a union. Employers can impose restrictions on a union’s campaigning, but they cannot forbid it.

As long as the limitations are reasonable, an employer can regulate where, when, and how union organizers conduct their campaigns. For instance, union organizers might only be permitted to conduct their campaigns during lunch or breaks.

Employers may also run campaigns among their own staff members. An employer has the edge over union organizers since it is not required to grant union organizers equal access.

Is There a Cap on What Management Can Achieve?

Employers have a lot of control, but their power is limited. The NLRB will closely watch an employer’s behavior and stop them from acting improperly. Employers are not permitted to intervene in union election campaigns in the following ways:

• Employers are not permitted to harass, threaten, or pressure workers into rejecting unionization: For instance, an employer cannot threaten to close the plant if the union wins. Even “veiled” threats are not accepted.
• False claims are prohibited by law for employers: An employer must follow through on any promises to influence an employee’s vote.

Which Examples Of Unfair Labor Union Practices Are Most Typical?

Initially, labor unions’ purpose was to defend all workers’ interests as they fought for higher pay, more lenient working hours, and safer working environments. They mainly aim to safeguard and benefit the workers.

When Section 8 of the National Labor Relations Act is broken by an employer or a union, it is referred to as an unfair labor practice (ULP). As a result, the National Labor Relations Act and other labor regulations effectively control labor unions. Additionally, they offer support in cases including wrongful termination, harassment and discrimination, and worker’s compensation. ULPs are typically brought against union officials for using coercion, violence, and intimidation.

According to a survey from 2010, compared to employers, union officials were accused of a disproportionately high number of offenses.

Forcing workers to participate in strikes and setting up illegal picket lines are two frequent unfair labor union activities. Violence, sit-down strikes where workers remain at their desks and refuse to work, and blocking access to managers or substitute staff are all examples of illegal employee strikes.

Charging disproportionately high or unfair membership dues keeps “undesirable” workers from participating in union activities. This would depend on factors including:

• Color,
• Gender,
• Sexual preference;
• Not engaging in good-faith collective bargaining, a process of negotiations between employers and a group of employees intended to reach an agreement on wages, working conditions, benefits, and other elements of worker’s compensation and rights;
• Not allowing employers to freely select their own collective bargaining representatives, as it is crucial to the fairness of the argument that each side be allowed to choose;
• Participating in strikes and boycotts with illegal goals.
• Demanding or attempting to demand payment from employers for services that were never rendered;
• Forcing businesses to treat workers differently because they belong to a union;
• Notifying the Federal Mediation and Conciliation Service and the healthcare facility about a strike or picket beforehand;
• Imposing fines on workers who cross a picket line after leaving a union after doing so;
• Threats to hurt non-striking staff physically;
• Threatening workers with termination if they don’t participate in union activities; and
• Members who submit a ULP to the Board or participate in one of the Board’s investigations may be fined or expelled.

How Can I Prevent Unfair Treatment Moving Forward?

The majority of the benefits of unions are favorable and crucial for defending workers’ rights:

1. Giving workers the ability to bargain for better working conditions, increased pay, and enhanced benefits;
2. Job security owing to the union, rather than the company, having the authority to choose disciplinary action for unionized employees;
3. Collective bargaining, as was previously said; and
4. Ensuring safety at work.

A union member must submit a complaint to the National Labor Relations Bureau by completing their NLRB Form 508. If six months have passed since the misconduct, you can bring a civil lawsuit to use the other labor laws; nevertheless, you must file the complaint within six months of the infraction. The NLRB will proceed with its examination of the accusations. Additionally, if they so choose, union members may withdraw their complaint.

In general, the NLRA prohibits employers from disciplining staff members for participating in protected union activities. Voting to join a union would serve as an illustration of this. Additionally, an employer must negotiate the terms and conditions of employment in the company in good faith with a union.

Adopting the decertification procedure, only the employees are legally permitted to decertify a union they previously voted to join if they so desire. According to the NLRA, a secret ballot election is held by the NLRB if 30% or more of the employees in a union bargaining unit sign a Decertification Petition. If most workers choose to decertify the union and discontinue its exclusive representation, that decision will be made during this election.

A business may respond by completely closing down; this is permitted even if the closure occurs only in response to the certification of a union. This rule is not always applicable. As an illustration an employer cannot close one site out of several due to union activities only to prevent unionization at other facilities or locations. In light of this, closing a business will be considered illegal if the move was motivated by anti-union sentiment and targeted workers in other locations.

Right-to-work legislation is a different approach that the business community is pursuing. In principle, in right-to-work states, employees a union shop hires choose whether to join the union and pay union dues. However, these laws’ specific terms and effects differ from state to state.

Although they can use the benefits the union has secured through the collective bargaining process, employees who choose not to join the union are not required to pay union dues. Additionally, the union prohibits non-dues paying employees from the collective bargaining agreement and lets them independently negotiate their compensation, benefits, and due process rights.

How Can a Lawyer Aid Me?

A significant amount of litigation has been centered on union election campaigns. Whether you are an employer or an employee, a skilled labor lawyer can inform you of your rights.

The attorney can assist you in filing a lawsuit against the company and employee if you believe their actions breached union elections laws.

Also, an attorney can provide you with updates if there are any changes to the law that might affect your case.