Antiunion Tactics Common, Says Study

Posted on August 26, 2009 by Tom Crane

 A recent study of 1004 attempts to unionize a workplace finds that employers threatened to close the plant in 57% of those attempts and threatened to cut wages and benefits in 47% of the campaigns.  In 63% of these campaigns, supervisors met with employees in one-on-one meetings to ask workers whether they supported the union.  Of course, interrogating workers about union preferences violates the National Labor Relations Act.  The study was conducted by a Cornell University professor. 

Unions are not a major force in Texas, but even today, union traditions, such as morning coffee breaks, influence many workers in Texas.  Without some union presence somewhere in the workforce, many workers in Texas will suffer. 

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Protected Discussions at Work

Posted on April 24, 2009 by Tom Crane

 A little known provision in the National Labor Relations Act  provides protection to employees when they discuss "terms and conditions" of employment.  The discussion must be between two or more employees.  The purpose of this provision (remember, the NLRA was passed in 1935) was to protect employees who may be forming a union.  But, for workers today, it means you can discuss issues in the workplace if they truly relate to problems at work.  It does not matter that the discussions may not lead to the creation of a union.  So, for example, several years ago, there was a case where female employees discussed possible sex harassment at work.  The court found that was protected conduct.  They should not have been disciplined for those discussions. 

So, what does "terms and conditions" mean?  What topics will be protected discussion?  In general, the topic needs to apply to more than one employee.  But, if you are not sure, contact the National Labor Relations Board.  The NLRB enforces the NLRA.  The NLRB is very helpful.  

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