join our network! affiliate login  
Custom Search
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More
Search HR Guidebook:  
« Go Back

What you can and cannot do


1.  You cannot attend any union meetingsor engage in any other activity which indicate that you are keeping your employees under surveillance.  You should not play undercover detective—do not park across the street from any union meetings or otherwise attempt to determine who is and who is not participating in union gatherings.

2.  Discipline or discharge any employees because they are engaging union activity (or otherwise threaten to discipline her discharge employees because they are engaging in union activities).  Discriminate against any employee a when deciding on work assignments and over time because of the employee’s position with regard to the union. 

3.  Promote or grant any other benefits to employees for not agreeing to not participate in union activities.

4.  Tell the employees that the company will move or relocate if the union wins an election.  Tell the employees that unionization will force the company to lay them off, or otherwise limit or restrict employee benefits that they presently enjoy.

5.  Ask employees about any confidential union matters or meetings, or ask employees what they think about the union.  Of course, you are free to talk with the employees about unionization or even a particular union in question, but you should not press the employees to reveal particular information about the union or its organizing efforts.  Stated more simply, you should not interrogate employees about their union activities.

6.  Ask employees how they intend to vote in a union election.

7.  Provide financial support or other assistance to any employees, regardless of whether or not they are supporting or opposing the union.  If there are more than one union involved in an organizing campaign, you should not favor one union over the other.

8.  Tell the employees that you will not deal with the union if it is elected as the employee’s bargaining representative.

9.  Deviate from company policy in order to harm the union in some manner.

10.  Encourage employees to start a petition against the union.

11.  Encourage employees to induce other employees to oppose the union.


1.  Keep outside union organizers from engaging in union business on company property.

2.  Provide honest and accurate information to employees about the benefits they enjoy.

3.  Tell employees that if they sign a union authorization card it does not mean that they must vote for the union if there is an election.

4.  Talk to your employees about the disadvantages of belonging to a union, such as the possibility of strikes, serving on a picket line, paying dues, paying fines, and paying assessments.

5.  Tell employees that you would prefer to deal with them rather than a third party, like a union.

6.  Tell employees what you think about unions and union policies in general.

7.  Tell employees about any prior experiences you’ve had with unions and whatever you know about the particular union that is trying to organize them.

8.  Tell employees that the law allows you to higher a replacement for any employee who goes out on strike for economic reasons.

9.  Tell employees at no union is in a position to obtain more than an employer is able to give.

10.  Tell employees have their wages and benefits compare with unionized or nonunionized businesses, where wages are lower and benefits less desirable.

11.  Inform employees of any untrue or misleading statements made by the union or the union organizers.  You can always tell the employees the facts.

12.  Tell employees of any known criminal, racketeering or other undesirable elements which may be active in the union.

13.  Give your opinions on the union and the union leaders.

14.  Reply to union attacks on company policies or practices.

15.  Tell your employees that you do not like to deal with unions.

16.  Tell your employees that they may not solicit for membership or discuss union affairs on company working time.

17.  Discipline your employees in a manner consistent with the employees policies and procedures.

18.  Enforce company rules impartially, regardless of employees union related activities.