Nothing prohibits taking lawful steps to oppose unionization efforts. However, caution must be taken to ensure such efforts are closely monitored so they do not morph into overly zealous actions that could be viewed as obstructing/interfering in the employee’s NLRA rights.
Footnotes: 1 The 2019 employee vote went against unionization 176 to 166. 2 Assuming the union has not already filed such a petition. 3 Representation Management (RM) petitions are the method that the Board endorses for resolving uncertainty about whether an incumbent union continues to be supported by a majority of a bargaining unit under the National Labor Relations Act (NLRA). 4 Section 8(a)(1) of the NLRA makes it an unfair labor practice for an employer “to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7” of the Act. Section 7 guarantees employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection,” as well as the right “to refrain from any or all such activities.”
Members seeking legal guidance can speak one-on-one with a Western Growers attorney about employment law-related questions by contacting the Western Growers Legal Hotline at 877-942-4529.
9 Western Grower & Shipper | www.wga.com May | June 2024
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