A union, or more specifically, a “labor union,” is an association of workers that is recognized by law and that bargains for the rights and working conditions of its members with an employer. Unions must be recognized by an employer once they have been certified by the National Labor Relations Board (NLRB). When a bargaining unit is recognized, actions by most parts of the workplace will be impacted by the requirements of the NLRB.

When Human Resources (HR) is managing in a union setting, there are certain restrictions that must be observed, such as:

• Employers must not commit any unfair labor practices (ULPs); and
• Employers may not:
  • Interfere in union matters;
  • Restrain, coerce, intimidate, or threaten union members;
  • Dominate or support a specific union;
  • Discriminate against employees for participating in union activities;
  • Retaliate against an employee for exercising their union rights; or
  • Refuse to bargain mandatory subjects of bargaining with an NLRB-certified union.

Something as seemingly harmless as an employee participation committee may constitute an unfair labor practice if the group discusses with management any subjects that touch on:

• Wages
• Hours
• Benefits
• Working conditions

Perhaps the biggest restriction is in making changes. Any desired changes that are to be made in the benefits, wages, or any other mandatory subject of bargaining must first be negotiated with all affected unions. This limits a company’s flexibility to make sweeping changes company-wide, although it can be done over time.

HR must also be aware of union members’ right to strike. While a strike is a method of last resort for the union, employers must be prepared for such an eventuality, and consider how to continue operations should a strike occur.

When HR deals with union matters, it is essential to have a good understanding of:

• The labor agreement, and
• Past practices.
  • This is the basis for future practice, meaning that if no specific provision in the collective bargaining agreement (CBA) provides guidance, whatever was done in the past is the controlling factor in any disagreement.