With interest in unions on the rise across Michigan, more workers are talking about how to gain a voice on the job. While you have the right to do this, it’s important to know where the legal lines are drawn for your employer. Federal law provides clear protections for employees, and understanding them is your first line of defense.
Your right to talk about a union
The National Labor Relations Act (NLRA) gives most private-sector workers in Michigan the right to form, join and support a union. This protection covers not just formal campaigns, but any conversation with coworkers about improving pay or working conditions. Legally, these discussions cannot be restricted in non-work areas on your own time, like the breakroom.
4 red flags of illegal conduct by employers
During an organizing drive, management is allowed to share its opinion, but it cannot engage in conduct that coerces or illegally influences you. To make it easier to remember, people often use the acronym TIPS to identify illegal employer actions.
- Threats: Threatening you with job loss, pay cuts or closing operations for supporting a union
- Interrogation: Coercively questioning you about your union support, who attended meetings or how you’ll vote.
- Promises: Promising raises, promotions or other special benefits to convince you to vote against the union.
- Surveillance: Spying on union activities, monitoring social media or creating the impression you’re being watched.
If you experience any of these behaviors, your employer may be breaking the law.
What to do if your employer crosses a line
If you believe your employer is interfering with unionization efforts or your rights, document everything. Keep a private record noting the date, time, location, what happened and any witnesses. You can use this documentation to file an unfair labor practice charge with the National Labor Relations Board (NLRB). If the NLRB finds a violation, remedies can include employee reinstatement, back pay or requiring the employer to post a notice admitting to the violation.
Worker protections are getting stronger
Recent decisions by the NLRB have created stronger protections for workers. For example, a recent case created a more direct path to union recognition. Today, if an employer commits serious violations during an organizing campaign, the NLRB has the authority to issue an order that requires the company to recognize and bargain with the union. This makes it more important than ever to identify and report illegal conduct.