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Written Evidence Can Help Employers Show Questions Were Lawful
Publication year - 2021
Publication title -
management report for nonunion organizations
Language(s) - English
Resource type - Journals
eISSN - 1530-8286
pISSN - 0745-4880
DOI - 10.1002/mare.30714
Subject(s) - polling , labor relations , set (abstract data type) , sign (mathematics) , business , law , labor union , labour law , political science , public relations , law and economics , labour economics , economics , computer science , mathematical analysis , mathematics , programming language , operating system
Recently, the NLRB considered whether an employer violated the National Labor Relations Act when the company's attorney prepared declarations for employees to sign stating they did not support the union, Kauai Veterans Express Co ., 369 NLRB No. 59 (Apr. 16, 2020). The Board ruled that this constituted unlawfully polling employees about their union sentiments in violation of the NLRA, because the employer did not show it complied with the rules in Johnnie's Poultry , 146 NLRB 770 (1964). That 58‐year‐old case set rules for employers before they question employees about their own or another employees' potentially protected activity.