Employers' Role in Union Organization Campaigns: NLRA Guide

Introduction

Union organizing has become a major issue in today's working environment because of increased efforts by workers to promote suitable conditions in the workplace and obtain compensation that reflects their contributions to the organization. Even though the number of unionized employees and overall labor union membership has declined significantly in recent years, unionization remains an important component of today's labor force. As employees continue to join labor unions to advocate for their welfare in the workplace, the role of employers during union organization campaigns has become a somewhat controversial issue. This controversy stems from the tendency of company management to attempt measures that defeat the union during organizing campaigns.

The National Labor Relations Act (NLRA) defines the role employers should play during union organization campaigns. This paper examines whether employers should fire their employees during union organization campaigns. The evaluation includes a discussion of the advantages and disadvantages of unionization for a company and whether supervisors may become involved in union organization campaigns.

Origins of the American Labor Movement

The American labor movement has a history that dates back to the 1800s, when the earliest forms of labor organization in the country were primarily mutual aid societies or craft guilds (Domhoff, 2013). These societies and guilds limited entry into a craft and imposed workplace standards similar to those found in Western Europe. Because craft employees were relatively few during this period, these labor organization measures did not generate significant conflict. However, 19th-century industrial development widened the gap between employers and skilled employees, which forced those employees to begin viewing industrial factories as threats to their status and wages. As a result, skilled workers started to form fledgling craft unions in order to resist unprecedented wage reductions, unsafe working conditions, and longer working hours. These unions were also created to help safeguard the political, economic, and social rights of skilled workers.

While these initial unions were local in scope, advancements in labor and product markets — including improvements in transportation — enabled them to become more national in character. Employees believed that their effectiveness in fighting decreased wages and poor working conditions would be enhanced if they organized on a national scale. Even though the initial efforts generated little success, they acted as the foundation of the American labor movement. Since then, union organization in America has experienced numerous successes and failures and has grown into an important aspect of the American labor market.

As union organizing has become increasingly important in today's workforce, employers and unions have developed specific responsibilities during organization campaigns. Based on the National Labor Relations Act, the responsibilities of a union during an organizing campaign include collective bargaining with employers on behalf of workers, promoting the establishment of suitable working environments, and ensuring that the wishes of employees are expressed during the organizing process (Mehta & Theodore, 2005). The responsibilities of employers, in turn, include allowing employees to form or join labor unions and engaging in collective bargaining through employee representatives. Both employers and unions are prohibited from engaging in behaviors that infringe the established regulations of fair conduct, constitute unfair labor practices, or violate the provisions of the NLRA. In light of these responsibilities, employers should not fire their employees during union organization campaigns.

NLRB v. Transportation Management Corp.: Facts and Ruling

One case that directly addresses the role of employers during union organization campaigns is NLRB v. Transportation Management Corp. In this case, the Transportation Management Corporation fired bus driver Sam Santillo shortly after he distributed union authorization cards. Santillo filed a complaint with the National Labor Relations Board on the basis of an unfair labor practice charge. The Transportation Management Corporation contended that Santillo was dismissed because he left his keys in the bus and took unauthorized breaks. However, the NLRB determined that a comment made by Santillo's supervisor — suggesting that he would "get even" with Santillo for his union activities — provided the basis for a prima facie case of discriminatory intent. Additionally, the employer had not subjected other employees involved in union activities to similar treatment.

The NLRB ruled that the employer had violated Section 8(a)(3) of the National Labor Relations Act and ordered Santillo's reinstatement. This ruling was initially overturned by the U.S. Court of Appeals for the First Circuit on the grounds that the NLRB had no authority under the NLRA to impose the burden of proof on the employer. The Supreme Court reversed the appeals court ruling, affirming that the NLRB's decision was consistent with the provisions of the NLRA and that the employer should not have fired the employee.

Conclusion

The responsibilities of employers, employees, and unions during union organization campaigns have attracted significant attention in recent years, largely due to the tendency of some employers to undertake anti-unionization measures during organizing drives. As demonstrated by NLRB v. Transportation Management Corporation, employers are legally prohibited from firing employees for their involvement in union organization campaigns. Employers should instead focus on creating a workplace environment that addresses employees' underlying concerns, thereby reducing the impetus for unionization.