1) Take notes!
WHAT happened? Threats, promises, intimidation, spying, discrimination?
WHO did the ULP? Who saw or heard what happened?
WHEN did it happen?
WHERE did it happen? Keep a little notebook in your pocket or close by so you can write down what happened as soon as possible, while your memory is fresh. Make special notes of any anti-union comments made by supervisors or managers.
2) Call your union organizer!
Then what? You have two tools to use if your boss commits ULPs: the law and your own strength as workers standing together.
Using the law
The union can file charges with the NLRB accusing the company of breaking labor law. The Board will investigate. If it finds good reason to believe a violation occurred, it will issue a “complaint.” Then the case goes to trial before a special NLRB judge. A pro-worker ruling by the NLRB judge can help individuals and your union organizing drive. For example:
- If the company is found guilty of harassing, intimidating, or threatening employees, the NLRB will order them to stop and make it known to everyone that they are guilty of breaking labor law.
- Pro-union workers who faced termination, suspensions or any other kind of discrimination can get restitution for lost wages and benefits. Even after a union loses an election if the NLRB concludes that the employer’s bad behavior made a fair election impossible, it can order a new election—or in extreme cases, order the employer to bargain with the union.
Using your own strength
The law works slowly and you have no guarantee it will work in your favor. While you wait for the NLRB, you can also “act like a union” and take the problem into your own hands. For example, if a union supporter got fired unjustly, you could get your co-workers to sign a petition demanding he/she is returned to work immediately, and deliver it to the boss together. You could also walk off the job in an “unfair labor practice strike.” You decide how long you stay out: one hour, one day, one week or more. Remember, when you strike over a ULP, the law bars the company from permanently replacing you. This type of action can bring quick results. Just think your plan through carefully, consult with the union organizer, but most important make sure you have lots of support from co-workers. Unity offers your best protection!
