NLRB’s Aggressive Pursuit Of Employers Continues
February 9, 2022
The General Counsel to the National Labor Relations Board (NLRB or Board) has announced an initiative to seek federal court orders (injunctions) against employers who allegedly threaten workers or engage in other coercive conduct during union organizing campaigns. She has directed the Board’s field offices to quickly investigate alleged threats or other coercion made during organizing drives so that the Board can quickly obtain a federal court order against an employer.
The General Counsel, Jennifer Abruzzo, states: “Threats often escalate into action, imposing even more burdens and chilling effects on employees. They are not mere words impacting employees, but a prelude to what is likely to come to pass. Therefore, I believe that threats or other coercive conduct need to be promptly stopped, not only to erase the chilling impact they have on employees, but to prevent escalation of the words into action.”
Union organizing campaigns are a fast moving, high-stakes and expensive event for an employer. Usually, the employer is battling the union in the workplace and before the Board when unfair labor practice charges are filed during a campaign. When the Board seeks a federal court injunction during a campaign, the employer must begin battling on a third front – one that is also expensive, time consuming and fast moving.
The best defense against the Board’s continued aggressive pursuit is to ensure that your managers and supervisors are well trained on the National Labor Relations Act (NLRA). These are the individuals who can create liability for employers during a union campaign. Teaching your supervisors and managers about employees’ rights under the NLRA and what they can and cannot say in the face of a union campaign is critical – both to your success in the campaign and in litigation. Such training will also help you avoid NLRA liability even if you never face a union campaign as this law applies to all private employers.
KZA attorneys are well versed in labor law and have extensive experience helping employers navigate union organizing campaigns. Our attorneys can help you ensure that your managers and supervisors are prepared for a campaign before it starts. If you are interested in labor law training for your management staff, please contact a KZA attorney.
KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.