Supervisors Vexed by Rules on Interrogation and Surveillance

Abstract

During a union campaign, employers are bound by certain rules governing communications and conduct with employees. It is unlawful for any member of management or supervisor to question employees about their union activities or the reasons workers are supporting a union. They are also limited in the ability to engage in the surveillance of employees engaged in union activity, or even to create the appearance that they are engaged in surveillance. A recent decision by the National Labor Relations Board, in Dignity Health d/b/a Mercy Gilbert Medical Center, 370 NLRB No. 67 (2021), highlights the challenges that supervisors face in complying with such rules.