T.I.P.S. For Avoiding Unfair Labor Practice Charges under the NLRA

There are four problematic behaviors, which employers should avoid to stay in compliance with the National Labor Relations Act (NLRA).  These behaviors are commonly abbreviated as T.I.P.S. and consist of the following:

  • Threats: Employers may violate the NLRA if they make threats against employees who support unions or unionization efforts.  Impermissible threats may take a variety of forms, such as threatening to close a facility, to cut employees’ pay, or to fire employees.
  • Interrogation: Employers may violate the NLRA if they interrogate employees about union activities or unionization efforts.  For example, employers should not ask employees which of their co-workers are union sympathizers or whether they are voting in support of the union.
  • Promises: Employers may violate the NLRA if they promise benefits to employees who oppose a union.  For example, an employer should not offer a one-time bonus to any employee who votes against a union.
  • Surveillance/Spying: Employers may violate the NLRA if they spy on employees or conduct surveillance regarding the employees’ union activities.  For example, employers should not attempt to record employee meetings about forming a union or photograph employees who are engaging in union activity.

Takeaway:  Employers can reduce the risk of unfair labor practice charges by following these T.I.P.S.

About Michael Miller

Michael is a Chambers-rated attorney in Briggs and Morgan's Employment, Benefits, and Labor group and is head of the firm’s Employment Law Counseling and Compliance practice group. He has 25 years experience counseling employers to prevent unwanted litigation and advises companies of ongoing changes in federal, state and local employment law. Michael advises employers in all areas of employment law including discipline and discharge, leaves of absence, wage and hour compliance, non-compete and confidentiality agreements, affirmative action plans, background checking, and drug/alcohol testing. For Michael's full bio, click here.

Posted on July 18, 2016, in Unions and Labor Law and tagged . Bookmark the permalink. Comments Off on T.I.P.S. For Avoiding Unfair Labor Practice Charges under the NLRA.

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