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Can you issue a warning for this?

An employee comes to you to report that a machine operator from your company was seen eating lunch outside at a picnic table with a union organizer. The table is one that is more private than others on the grounds. The meeting occurred within the typical break allowed employees. However, your company is a non-union organization, and management would like to keep it that way.

Question: Should you issue a warning to the employee for engaging in non-work activities on company premises in order to nip any union activity in the bud? What do you think?

Click below to see answer.

Can you issue a warning for this?: Answer

Answer: No.

The National Labor Relations Act (NLRA) protects an employee’s right to discuss union organization during non-work times, such as breaks, and in non-work areas, such as lunchrooms and parking lots – even when they are on the employer’s premises.

Employers may not prohibit employees from discussing wages or even unionization. As a representative of the company, you may not interfere with an employee’s right to discuss unionization with other employees or with a third party, including a union organizer.

Disciplining the employee for this lunchtime activity would likely be viewed as an unfair labor practice, which could trigger a charge from the National Labor Relations Board (NLRB). An acceptable course of action would be to inform someone in management about any witnessed union activity. Management can then follow the appropriate NLRB guidelines for a counter campaign if they wish.