The primary U.S. law governing employee rights to unionize is the National Labor Relations Act (the "Act" or "NLRA"). Among other things, this law regulates what employers and supervisors can do and say in the face of a union organizing campaign. Significantly, this law applies even to non-unionized workplaces; it applies wherever employees are acting together in a concerted manner with regard to the terms and conditions of their employment.
It is relatively easy for unknowing employers to inadvertently violate this law, so it is important for employers to be aware of the Act’s provisions and to train management personnel regarding its coverage. Training of management should also be a key part of an employer’s efforts to combat and prevent union organizing efforts. Union organizing typically starts without employer knowledge. To protect against this threat, effective management training should occur long before union organizing begins. Otherwise, employers and managers can easily violate the Act without even knowing it. Unions often seize upon early, unknowing violations as a means for building quick employee support and, in many cases, file unfair labor practice charges against the employer with the National Labor Relations Board.
In an effort to assist employers and managers in this training endeavor, CCH® and Baker & McKenzie (the world’s largest law firm) offer the following quiz to test your knowledge of what employers can legally do and say under the NLRA. The quiz is presented in three parts. The first part tests basic knowledge regarding the unionization process under the NLRA. The second part focuses on specific factual scenarios testing management knowledge regarding what employers can do and say under the Act. The third part tests knowledge regarding the tricky practice of union organization by salting the workplace.
Please note that this quiz is based solely on U.S. law and is intended to be educational in nature; it should not be construed as legal advice, either direct or
implied. The information
contained in this publication is intended to be a summary and
should not be substituted for detailed advice
in individual cases.