The Sophisticated Employer Blog

Labor Law Series

So, what if the “unthinkable” happens and your employees do demand your company recognize “their” favorite union?  How do you respond? How can you lawfully respond?

In a previous post, we reviewed how the Biden administration is systematically clearing the way for unions to not only survive but to thrive in today’s business landscape. But business owners can fight back.

As a company owner, you do have legal right to resist attempts by some employees to force you into a union partnership. Remember, once you are “in bed” with the union, the company no longer is controlled by you! 

Every major workplace decision will now have to be approved by the union. If the union vetoes any proposed changes, you’re dead in the water and headed to litigation (or a strike).

So, if you want to keep running your company on your own, without being vetoed by a party who never contributed one dime to your business, what can you do?

• Contact an experienced labor lawyer. A real labor lawyer, not someone who once wrote a handbook in 2005 or handled a workers’ compensation issue in 1999!
• Do not respond to emails, calls, letters or visits from employees wanting to “talk” about unions.
• Remember: what you “say” will be held against you (personally) and your company!

Your best course of action in the short-term is to call an experienced NLRB lawyer right away! In our next installment of this series, we will review who IS the NLRB and why you need to be afraid.