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.