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What Employers Can't Do – Legally
Updated On: Jan 16, 2019

As you work to form your union, the employer will use many tactics in its effort to get you to not support the union. That is typical anti-worker, anti-union corporate behavior. They will want to scare and intimidate you. The following is a list of what they CANNOT do:

1. They can NOT ask employees what they think about the union or a union representative.

2. The can NOT threaten employees with reprisal for participation in union activities.

3. They can NOT lay off, discharge, or discipline any employee for union activity.

4. They can NOT grant employees wage increases, special concessions, or benefits in order to keep the union out.

5. They can NOT bar employees in support of the union from soliciting employees' memberships on or off the company property during non-working time.

6. They can NOT ask employees about union matters, meetings, etc. (Some employees, of their own accord, walk up and tell of such matters, but to ask questions to obtain additional information is illegal.)

7. They can NOT attend any union meetings, park across the street from a union meeting place, or engage in any undercover activity which would indicate that the employees are being kept under surveillance to determine who is and who is not participating in the union program.

8. They can NOT ask employees how they intend to vote.

9. They can NOT tell employees that the company will fire or punish them if they engage in union activity.

10.They can NOT promise to increase benefits to employees if they reject the union.

11. They can NOT give financial support or other assistance to employees or groups of employees who favor or oppose a union.

12. They can NOT announce that the company will not deal with the union.

13. They can NOT threaten to close, in fact close, or move a plant in order to avoid dealing with a union.

14. They can NOT ask employees whether or not they belong to a union, or have signed up for union representation.

15. They can NOT ask an employee, during the hiring interview, about their affiliation with a labor organization or how they feel about unions.

16. They can NOT act in any way that might show preference to a non-union employee.

17. They can NOT make distinctions between union and non-union employees when assigning overtime work or desirable work.

18. They can NOT purposely team up non-union employees and keep them from those supporting the union.

19. They can NOT transfer workers on the basis of union affiliation or activities.

20. They can NOT choose employees to be laid off in order to weaken the union's strength or discourage membership in the union.

21. They can NOT discriminate against union people when disciplining employees.

22. They can NOT by nature of work assignments, create conditions intended to get rid of an employee because of his union activity.

23. They can NOT fail to grant a scheduled benefit or wage increase because of union activity.

24. They can NOT deviate from company policy for the purpose of getting rid of a union supporter.

25. They can NOT take action that adversely affects an employee's job or pay rate because of union activity.

26. They can NOT threaten workers or coerce them in an attempt to influence their vote.

27. They can NOT threaten a union member through a third party.

28. They can NOT promise employees a reward or a future benefit if they decide "non-union."

29. They can NOT tell employees overtime work (and premium pay) will be discontinued if the company is unionized.

30. They can NOT say unionization will force the company to lay off employees.

31. They can NOT say unionization will do away with vacations or other benefits and privileges presently in effect.

32. They can NOT promise employees promotions, raises, or other benefits if they get out of the union or refrain from joining the union.

33. They can NOT start a petition or circular against the union.

34. They can NOT urge employees to try to induce others to oppose the union or keep out of it.

35. They can NOT visit the homes of employees to urge them to reject the union.

Any of the above constitutes a violation of the National Labor Relations Act. Therefore, YOU as a worker and a supporter of a free trade union movement should report these acts to a union representative immediately by calling Teamster Local 355 at 410-566-5700. Ask to speak with someone in the Organizing Department.

Teamsters Local 355

1030 S. Dukeland St.
Baltimore, MD 21223
410-566-5700


 
 
Teamsters Local 355
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