Penalties for Overstepping During Union Campaign

An innocent but unlawful misstatement by the employer can result in the National Labor Relations Board overturning a close union election in favor of the company and ordering a second election. Where management has engaged in severe and unlawful misconduct, the Board may order the employer to recognize and bargain with the union without the benefit of a second election. However, a recent decision by a federal Court of Appeals reminds employers that severe as these penalties are, they are not all that is at risk for violations of campaign laws.