Labor Law Compliance

Labor Law Compliance

The National Labor Relations Act (NLRA) has clear laws and regulations regarding employers’ intentions to coerce or restrain their employees. Seeking to convince employees to vote against unionization is a clear intention to go against the National Labor Relations Board (NLRB) laws. Employers are likely to use indirect strategies that will lead employees to make such a decision. However, such employers can only be non-compliant if they threaten employees who fail to agree with their decision. In the case where they promise employees benefits that will lead to the desired decision, the respective labour agencies can take legal action (NLRB, 2020). If the employer lays off or terminates employees who do not vote against unionization, they attract legal action from the labour agencies. Thus, as much as employees seek to attain a certain outcome during the union organizing campaign.

However, employers are likely to comply with NLRB regulations because employees have a right to unionization and collective bargaining agreements. Employees are aware that unions seek to improve their welfare and intervene to ensure that employers do not take advantage of employees (Bivens, Engdahl, & Gould, 2017). Therefore, it is unlikely that employees will vote in favour of unionization since they have been members already. In addition, the employer cannot outright threaten, intimidate, or lay off employees for fear of being considered as non-compliant.

Furthermore, the organization already has unionized employees. Non-compliance would have been easier if only a few employees belonged to a union (Wright, 2011). Then, the organization would have more bargaining power and manage to influence the vote of the majority. In addition, if the employer is a private sector player, they are obliged to comply with NLRA (NLRB, 2020). The current union is likely to create awareness among employees regarding their rights, which will compel the organization to comply with the law as the staff members vote in favour of unionization.

References

Bivens, J., Engdahl, L., & Gould, E. (2017). How today’s unions help working people. Economic Policy Institute.

NLRB. (2020). Employer/Union Rights and Obligations. Retrieved from National Labor Relations Board: https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/employer-union-rights-and-obligations

NLRB. (2020). Frequently Asked Questions – NLRB. Retrieved from National Labor Relations Board.

Wright, C. F. (2011). What role for trade unions in future workplace relations? doi:10.13140/RG.2.1.1147.6323

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Labor Law Compliance

Union officials often complain that employers regularly violate U.S. Labor Laws with relative impunity resulting in the failure of unions to successfully organize workers needing their representation. Employers disagree and complain that union organizers regularly harass and intimidate their workers when trying to organize them.
During a union organizing campaign, employers seek to convince their workers to vote against unionization. From what you have learned or personally experienced, how likely are employers to comply with NLRB rules? Cite examples.