NLRB Ups the Stakes on Unfair Labor Practices

Abstract

Unfair labor practices during organizing activity have always presented acute risks for employers. Termination of a vocal union proponent, as an extreme example, can result in a bargaining order requiring the employer to recognize the union seeking to represent employees. Short of a bargaining order, employers have also been ordered to reinstate such employees and pay them for their losses. In more recent years, employers violating the law have also been called upon to read the common “Notice to Employees” text in addition to posting the document, thereby emphasizing its contents while generating potential humiliation for managers.