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Employer's Simple Question Upsets Election Result
Publication year - 2017
Publication title -
management report for nonunion organizations
Language(s) - English
Resource type - Journals
eISSN - 1530-8286
pISSN - 0745-4880
DOI - 10.1002/mare.30323
Subject(s) - allegation , simple (philosophy) , contest , summons , law , political science , law and economics , business , sociology , philosophy , epistemology
In Mek Arden, LLC , 365 NLRB No. 110 (2017), the Board evaluated an allegation of unlawful conduct in the form of “solicitation of grievances.” This is an unfair labor practice (ULP) if, during union organizing, a supervisor attempts to find out what is driving the organizing. According to current Board law, the mere act of asking in itself is an implicit promise to remedy the problems. This is a ULP, unless the employer can prove it had a previous ongoing practice of having similar conversations with employees.