Can an employer eliminate a union position?
Employer and Union Rights and Obligations
The National Labor Relations Act prohibits employers from interfering with, restraining, or coercing employees in their rights to organize, form, join, or assist a labor organization for collective bargaining, as well as from collaborating to enhance their employment conditions or abstaining from such activities. Likewise, labor organizations are also barred from restraining or coercing employees in exercising these rights.
Examples of Employer Conduct That Violates the Law:
Threatening employees with job loss or benefits reduction if they join or support a union or engage in protected concerted activities.
Threatening to shut down the workplace if employees choose a union to represent them.
Questioning employees about their union affiliations or activities in ways that may interfere with, restrain, or coerce them in exercising their rights under the Act.
Offering benefits to employees to discourage union support.
Punishing employees by transferring, laying off, terminating, or assigning them more challenging tasks due to their involvement in union or protected concerted activities.
Taking adverse actions against employees for filing unfair labor practice charges or participating in investigations conducted by the NLRB.
View a presentation on best practices to prevent and address retaliation.
Examples of Labor Organization Conduct That Violates the Law:
Threatening employees with job loss unless they support the union.
Seeking disciplinary action against an employee for not being a union member, even if the employee has paid or offered to pay the lawful initiation and periodic fees.
Refusing to process a grievance because an employee criticized union officials or is not a union member in states where union security clauses are not allowed.
Imposing fines on employees who have validly resigned from the union for engaging in protected concerted activities post-resignation or for crossing an unlawful picket line.
Committing picket line misconduct, such as threatening, assaulting, or barring non-strikers from entering the employer's premises.
Striking over issues unrelated to employment terms and conditions or coercively involving neutrals in a labor dispute. Our office can effectively address any questions which may invoke litigation. If you have a potential dispute, please fill out the following form below.
