rules

The Rules Governing Employer and Supervisor Conduct

The NLRB polices union representation campaigns to make sure they are free of unlawful threats or promises. If improper
election conduct occurs, the NLRB can order a rerun election. Many Committee members want to know exactly what
supervisors can and cannot do under the law. The following is a list of what supervisors CANNOT do:

Attend any union meeting, park across the street from the union hall to see which employees enter the hall, or engage
in any activity indicating that employees are being monitored or kept under surveillance during the organizing drive.

Tell employees that the company will fire or punish them if they engage in union activity.

Layoff, discharge, or discipline any employee for union activity.

Grant employees wage increase, special concessions, or benefits in order to keep the union out.

Promise employees promotions, raises, or other benefits if they get out of the union, refrain from joining it, or vote
against it.
Bar pro-union employees from soliciting employee signatures on authorization cards or petitions on or off company
property during nonworking hours.

Ask employees about their own union membership or activities or those of other employees, including meeting
attendance, card soliciting or signing, and other forms of union participation.

Ask employees how they intend to vote.

Threaten employees with economic reprisal for their union activity. For example, threatening to move the plant or close
the workplace, curtail operations, or reduce benefits if employees unionize.

Promise benefits to employees if they reject the union.

Give financial support or other assistance to any union.

Announce that the company will not deal with a union.

Ask an employee, during a hiring interview, about his/her affiliation with a labor organization or how he/she feels about
unions.

Make distinctions between union adherents and non-union adherents, for example, when assigning particularly
desirable or undesirable work, overtime work, etc.

Purposely separate pro-union employees from other employees to prevent the pro-union group from having access to
the others.

Transfer workers on the basis of union affiliation or activity.

Choose employees to be laid-off so as to weaken the union's strength or discourage membership in it or support for it.

Use work assignments to create conditions intended to get rid of an employee because of his/her union activity.

Discipline pro-union employees for a particular action and permit non-union employees to go unpunished for the same
thing.

Deviate from company policy for the purpose of getting rid of a union supporter.

Take actions that adversely affect an employee's jobs, pay rate, or other terms or conditions of employment because of
the employee's union activity.

Threaten a union member through a third party.

Threaten workers or coerce them in an attempt to influence their vote.

Tell employees, for example, that overtime work (and premium pay) will be discontinued if the workplace is unionized.

Say unionization will force the company to layoff employees.

Say unionization will take away vacations or other benefits and privileges presently in effect.

Start a petition or circular against the union or encourage or take part in its circulation if started by employees.

Urge employees to try to induce others to oppose the union or keep out of it.

If your supervisor does any of these things, your rights are being violated. These are the most common things to watch for.
As a member of the In-House Organizing Committee, you should document any of these acts, including the date, time, place
and witnesses, and report them to your UMWA Organizer as soon as they happen.

Next: Anti-Union Consultants

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