Union Awareness Continued: Employer Checklist to Protect Yourself

As we discussed in last week’s blog, the NLRA affords several protections to all employees including openly discussing wages, terms and conditions of employment, and more. The current National Labor Relations Board (NLRB or Board), which enforces the Act, is led by its General Counsel, Jennifer Abruzzo, who has stated that the Board intends to expand employee rights and Union access in all aspects of its jurisdiction. Some examples are provided below, along with a checklist that both Union shop and non-Union employers can use to protect themselves from liability under the Act.

Employer Checklist to Protect Yourself

Review your policies and procedures regardless of whether you have a Union and consider the following:

1. Stay Informed About Labor Laws:

• Regularly update yourself and your management team on relevant labor laws and regulations. Follow CEA’s blog for updates.
• Understand the rights of employees to organize/unionize and your obligations as the employer.

2. Create a Positive Work Environment:

• Foster open communication between management and employees.
• Address workplace concerns promptly and fairly.
• Establish clear and fair employment policies that have been reviewed in light of recent NLRB updates.

3. Employee Engagement:

• Actively engage with employees to understand their concerns and needs.
• Encourage a sense of belonging and loyalty to the company.
• Recognize and reward employee contributions.

4. Training and Education:

• Train supervisors and managers on labor laws, employee relations, and effective communication.
• Educate employees on the benefits your organization offers that may stand apart from other employers.
• Train leadership to be approachable and responsive to employee needs.
• Encourage a leadership style that fosters trust and collaboration.

5. Communication Strategies:

• Implement effective two-way communication channels.
• Share information about company goals, financial health, and challenges.
• Be transparent about changes that may impact employees.
• Highlight the company's commitment to fair treatment, competitive wages, and employee development.

6. Conflict Resolution:

• Establish fair and efficient mechanisms for resolving workplace conflicts.
• Address employee concerns promptly and professionally.

7. Monitoring Employee Satisfaction:

• Regularly offer climate surveys to employees to gauge their satisfaction and identify potential issues.
• Use feedback to make positive changes in the workplace.

8. Legal Consultation:

• Consult with legal experts to ensure compliance with labor laws.
• Seek advice on maintaining a union-free environment without violating employee rights.

9. Stay Informed About Union Activity:

• Monitor industry trends and news related to union activity.
• Be aware of signs that employees may be considering unionization.

10. Employee Benefits and Compensation:

• Offer competitive wages and benefits to demonstrate commitment to employee well-being. Consider a compensation survey for your organization.
• Consider benefit offerings that make sense for your organization/industry (e.g., PTO, flexible schedules, remote work, bonuses, healthcare and retirement benefits, etc.)

11. Early Intervention:

• Address workplace issues before they escalate to the point where employees seek union representation.
• Listen to employee concerns and take corrective action when necessary.

12. Review Policies Regularly:

• Periodically review and update your Employee Handbook and other policies and procedures to ensure they remain fair and compliant. CEA updates its handbook annually and provides a copy of those updates on our website. Our HR team can also assist you!

If you need more resources around Labor Relations—whether your workplace has a union presence or not—we have experts here to support you! Members can call 800.399.5331 or email CEAinfo@employers.org.