NLRB General Counsel Launches 10(j) Injunction Initiative Aimed At Employers That Threaten Or Coerce Employees During Organizing Campaigns
The General Counsel’s memorandum can be found here.
Explained Abruzzo:
Threats often escalate into action, imposing even more burdens and chilling effects on employees. They are not mere words impacting employees, but a prelude to what is likely to come to pass. Therefore, I believe that threats or other coercive conduct need to be promptly stopped, not only to erase the chilling impact they have on employees, but to prevent escalation of the words into action.
To determine whether to pursue injunctive relief, the Agency will consider all contextual circumstances, such as inherent impact on employees and union support; nature, frequency, severity, and dissemination; hierarchal rank of the actor(s); local labor market; and recidivism.
Takeaways
Threatening and coercing employees for engaging in organizing activity is unlawful. Doing so can enmesh employers in lengthy and expensive unfair labor practice proceedings. Now, under the General Counsel Abruzzo’s new initiative, the Agency may haul offending employers into court.
There is much that employers may do to respond to an organizing campaign. That includes, explaining to workers the disadvantages of unionization, correcting factual inaccuracies promulgated during the campaign, and discussing the employer’s experiences with unions. Employers, however, should avoid even the appearance of engaging in threatening or coercive conduct.
Contacts
- Related Practices