One of the most persistent problems in labor organizing has been determining when, and where, it is acceptable to organize a union. The rules regarding union organizing have fluctuated over the years, becoming more lenient or less lenient for organizers depending on the political climate. Unfortunately, those organizers have been dealt a significant blow by the National Labor Relations Board (NLRB), in a recent ruling that has prohibited all union organizing during work hours.
Union organizing refers to the practice of workers at a company agreeing to come together to form a labor union. To do this, union organizers must get a majority of the employees at a company to agree to unionize, typically through an election called by the organizers. Typically, organizers will try to speak to employees at work, since that is the easiest place to track them down and talk to them about forming a union. However, employers tend to discourage this sort of activity, and some have brought legal action against employees trying to organize a union during work hours or on their property.
Previously, there had been some wiggle room for organizers wishing to advocate on company property, such as allowing them to organize or petition in public areas like cafeterias or lobbies. However, the recent NLRB decision allows employers to completely ban discussion of unionization during work hours, regardless of where on the property it occurs. Moreover, the decision has reversed precedent that prohibited punishment for merely discussing the prospect of unionizing. As a result, it will become more difficult than ever to organize a union, a fact that employers have cheered but organizers have decried.
If you are looking into unionizing, or you already have a union and are in a dispute with your employer, give the Law Offices of Steven Sack a call. Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer who has considerable experience in handling the many aspects of labor and employment law. To schedule a consultation with New York City employment lawyer Steven Mitchell Sack, call (917) 371-8000.
