If threats of reprisal, promises of benefits, or other actions would serve to coerce employees, an unfair labor practice (UPL) charge will be brought against the employer. If the National Labor Relations Board (NLRB) finds violations, the union essentially wins without the election. Here are some important guidelines (Collier, 1998) that a supervisor may legally follow:

• Tell employees that the supervisors and the company are opposed to unionization.
• Tell employees that the employees do not have to sign union cards and that the law says that they have the absolute right to refrain from joining a union.
• Tell employees that they do not have to speak to union organizers or to admit organizers into their homes.
• Tell employees about the benefits that they enjoy, and compare those benefits with those in unionized companies.
• Tell employees that with a union they may have to bring their problems to a shop steward also known as a union representative instead of dealing with their supervisor.
• Tell employees of the disadvantages of belonging to a union, such as the payment of dues and initiation fees and the possibility of fines and assessments.
• Tell employees that, if they engage in an economic strike, they may be permanently replaced and will be reinstated only if an opening occurs.
• Tell employees that they may be required to picket other employers, even when they are not on strike.
• Tell employees that a union can always out-promise an employer, but the union can guarantee nothing.
• Tell employees about any arrest records of union officials.
• Urge employees to vote against the union; suggest that they encourage others to do the same.
• Tell employees that merely signing a union authorization card or application for membership does not mean they must vote for the union in an election.
• Tell employees about any untrue or misleading statements made through an organizer, by handbill, or through any union propaganda.

A supervisor should not legally (Collier, 1998) do the following:

• Promise employees pay increases, promotions, improved working conditions, additional benefits, or special favors on the condition that the employees vote against or refuse to join the union.
• Threaten employees with loss of job or reduction in wages, or use threatening or intimidating language calculated to influence employees in the exercise of their right to support a union.
• Tell employees that they would have received a wage increase except for the start of the union campaign.
• Tell employees that the union will have to strike to obtain concessions from the employer.
• Discriminate against employees who are taking part in union activities by separating them from other employees and by transferring them to undesirable tasks in retaliation for their union activities.
• Ask employees to inform a supervisor if, while working, they are pressured to sign an authorization card while the supervisor is not enforcing a valid no-solicitation rule.
• Solicit employees to request the return of their authorization cards.
• Visit employees at their homes to urge them to vote against the union.
• Prohibit the wearing of union buttons or insignia.

For additional information on Employer/Union Rights and Obligations visit the NLRB website.