Page 131 - An Indispensible Resource for Being a Credible Activist

to know that union organizers are talking with employees) is being handled. Unless I am
unaware of additional information or documentation related to this matter, I recommend
that we revisit this situation and seek technical assistance to ensure that we at (Company)
have not made any errors in violation of the NLRA.
If we learn that any errors were made, I recommend that we remediate those as soon as
possible. Moving forward, I recommend that we consider implementing a decision-mak-
ing protocol that will include technical assistance consultation from no-cost government
or SHRM resources to prevent errors in the future. Additionally, I recommend that all per-
sons involved in any action or official statement regarding issues concerning unions and
employees’ rights to organize be mandated to attend formal training on the relevant
compliance issues. I will follow this memo up with a list of quality upcoming available
trainings in our area or via webinar.
We share a collective responsibility to ensure (Company)’s compliance with the NLRA. I
know we share a commitment to prevent liability exposure for (Company) as well as per-
sonal liability exposure. Some examples of employer conduct which violate the NLRA are:

Threatening employees with loss of jobs or benefits if they join or vote for a union
or engage in protected concerted activity.

Threatening to close the plant if employees select a union to represent them.
Questioning employees about their union sympathies or activities in circumstances
that tend to interfere with, restrain or coerce employees in the exercise of their
rights under the Act.
Promising benefits to employees to discourage their union support.

Transferring, laying off, terminating, assigning employees more difficult work tasks,
or otherwise punishing employees because they engaged in union or protected
concerted activity.
Transferring, laying off, terminating, assigning employees more difficult work tasks,
or otherwise punishing employees because they filed unfair labor practice charges
or participated in an investigation conducted by NLRB.

The resources below are free and available to us to use at any time. My membership in
SHRM provides free information, white papers, case-law information, and research capa-
bilities along with toolkits for how to best handle union and related issues. I recommend
that we use these resources in the future to ensure legally compliant decision-making
processes related to union issues:

http://www.shrm.org/
http://www.nlrb.gov/Workplace_Rights/nlra_violations.aspx

I know we share a strong commitment to the consistent application of all (Company)’s
policies as well as compliance with all relevant city, state, and federal laws related to
employees’ rights to organize and choose union membership.

114 The H R Toolkit