Pre‐Election Changes

Abstract

Changes made by an employer that either improve or detract from existing working conditions during the campaign period—even the smallest change undertaken for valid business reasons—may result in unfair labor practice findings. For example, installing better lighting, taking away an employee's privilege of listening to a radio while working, obtaining new equipment, or installing air conditioning may be unfair labor practices. This is so even though management claims that changes have been a continuing practice and that even prior to the union's organizing campaign, improvements were made as a result of business growth and suggestions and complaints by employees and management officials. Particularly where improvements are accomplished in a manner that departs radically from past methods, the National Labor Relations Board may find an unfair labor practice. Any contemplated changes, even switching from a biweekly to weekly payroll in response to employee complaints, may be an unfair labor practice.