Abstract

It is unlawful for management to interrogate employees about their union views. Under federal labor law, even a single question—based on curiosity, not an intent to hinder union organizing—is interrogation. It is unlawful. Nevertheless, the most frequent mistake made by supervisors during an organizing drive is questioning employees about their involvement with the union. It is a natural reaction to learning that employees have concerns that are leading them to consider unionization. Well‐meaning supervisors may want to ask “Why?” They must be trained not to. The NLRB holds that inquiry into the employees' union views or how employees feel towards union representation, in and of itself, unlawfully coerces employees and interferes with their rights. Intent does not matter.

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