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The governing labor laws are that employees should be allowed for the use of the email system during non-working time. The organization cannot go against nor prohibit the union body to use our property if we permit non-union employees to get access to the organization's property to ask our employees.
It has been witnessed that the strategy of emailing our employees is not legal which has been permitted by NLRB (National Labor Relation Board). Beyond that, according to the NLRB, the board found in 2014 that every employee has the right to use their emails in non-working time for any purpose like union organizing.
Based on the case and decision in the registered guard case in 2007, the policy in the case was a prohibiting one. The policy prohibits the usage of the company's email for another purpose in non-working hours. While, the policy had allowed the use of email for job-related purposes and personal uses (Trottman, 2014). Hence, the rule was changed in 2014 in the case of Purple Communication and Communication Workers of America. Employees have been permitted the right for use of their organization's email for other activities in non-working hours.
All employees have the legal right to organize a union to talk with their employers over employment terms and conditions (NLRB, 2019). They also have the right support union and dispense union literature and discuss every term with coworkers. In this, employees cannot be fired, demoted or penalized for being engaged in such activities.
The NLRB also indicated that working hours are for work only so employers can discourage non-discriminatory rules that limit distribution and solicitation. Hence, employers cannot bound or force employees to don't talk about the union in no working hours and break, etc. The restriction of employers on the efforts of employees to communicate with co-workers cannot be biased (NLRB, 2019). For instance, employers cannot force employees to don't talk about union while working if employers allow for discussing other non-work related things in working hours.
According to (HR Specialist, 2017), employers can force the union acts in the way which is legal and beneficial for both sides. The employers have to understand the ultimate purpose of union to employees. They also have to have an open door and welcome employees to talk about anything they want.
Employers have to make supervisor as problem solvers and great communicators. As well as the employer should also understand that what does paying fair mean. Employees always want to be paid fairly for what they do but when any issue occurs then employees build or join the union for the solution and their rights (HR Specialist, 2017). Hence, the employer or company should take huge care of their employees' through developing clear expectations and reward system for performance and results. A union-free environment can be built in this way too.
What Employers Can Do
What Employers Cannot Do
understand the ultimate purpose of union to employees
Discriminating employees for engaging in union acts.
Offer comfortable and high safe and secure workplace and environment to address matters.
Creates threats for employees engaging in union activities.
Assist employees to know the real meaning of being paid fairly.
Participating in investigations to control employees’ view on unions.
Employers have some fundamental communication right regarding the activities of the union. The can encourage manager and supervisors to communicate the facts and concerns about unions. They can also share the views hat what and how they feel about the union. Employers have also the right to share their valued views and related positive actions regarding communication with the union (Purdie, Celeste, & Rhollans, 2016).
On the other side, if the actions of employers are not based on facts and figures then it is not legal for them to communicate. The employers cannot threaten employees as well as such reduction from wages, withdraw benefits, terminate employees, and bound employees' engagement in union activities.
Messages Employer Can Communicate
Messages Employer Cannot Communicate
Encourage manager and supervisors to communicate the facts and concerns about unions to set expectation regarding organizational process and operations (Purdie, Celeste, & Rhollans, 2016).
Cannot threaten employees like reducing their wages, benefits withdrawing, limiting their participation in union, or terminating them.
They can share the views hat what and how they feel about the union and can work directly with employees to resolve issues.
Communicating and threating employees in an illegal way.
Can share any example(s) of cases which involve union and contract discussion
HR Specialist. (2017). Unions in the spotlight: What employers can and can't do. Thehrspecialist.com. Retrieved 6 August 2019, from https://www.thehrspecialist.com/14099/unions-in-the-spotlight-what-employers-can-and-cant-do
NLRB. (2019). Your Rights during Union Organizing| Public Website. Nlrb.gov. Retrieved 6 August 2019, from https://www.nlrb.gov/rights-we-protect/whats-law/employees/i-am-not-represented-union/your-rights-during-union-organizing
Purdie, L, Celeste, K, & Rhollans, J. (2016). Union Communication Guidance: TIPS and FOE. SHRM. Retrieved 6 August 2019, from https://www.shrm.org/resourcesandtools/hr-topics/labor-relations/pages/tips-foe.aspx
Trottman, M. (2014). NLRB Rules to Give Workers Right to Use Employer Email for Union Organizing. WSJ. Retrieved 6 August 2019, from https://www.wsj.com/articles/nlrb-rules-to-give-workers-right-to-use-employer-email-for-union-organizing-1418313255
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