Page 133 - An Indispensible Resource for Being a Credible Activist

Moving forward, I recommend that we consider implementing a decision-making pro-
tocol that will include technical assistance consultation from no-cost government or
SHRM resources to prevent errors in the future. Additionally, I recommend that all
(Company) employees involved in communications with (Union) attend formal training
related 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 NLRA. I
know we share a commitment to prevent liability exposure for (Company) as well as
personal liability exposure. Briefly, examples of labor organization conduct which vio-
late the NLRA are:

Threats to employees that they will lose their jobs unless they support
the union.

Seeking the suspension, discharge or other punishment of an employee for not
being a union member even if the employee has paid or offered to pay a lawful
initiation fee and periodic fees thereafter.
Refusing to process a grievance because an employee has criticized union officials
or because an employee is not a member of the union in states where union
security clauses are not permitted.
Fining employees who have validly resigned from the union for engaging in
protected concerted activities following their resignation or for crossing an
unlawful picket line.

Engaging in picket line misconduct, such as threatening, assaulting, or barring
non-strikers from the employer’s premises.

Striking over issues unrelated to employment terms and conditions or coercively
enmeshing neutrals into a labor dispute.

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-related issues. I recommend that
we use these resources in the future to ensure legally compliant decision-making
processes related to union-related concerns:

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

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
the NLRA.
Additionally, I know we share an awareness of the importance of precedent in our deci-
sion-making processes and our handling of union-related issues in a legally compliant
manner.

116 The H R Toolkit