Can We Do That? Assessing Business Decisions During Organizing

Abstract

Veterans of labor organizing are quick to note that, during a union election campaign, employers are largely prohibited from varying their workers’ employment terms and conditions. Changing terms to inhibit organizing, whether enhancing those terms to discourage unionization or lessening them to threaten reprisals for same, constitutes unfair labor practices. During the pendency of an election petition, the issue is even more acute. Changing conditions of employment, even if not related to union activity, can be deemed as objectionable union conduct.