Myth- You can’t discuss unions or unionizing at work.

This is probably the biggest myth roadblock we face. Many of our coworkers genuinely believe that we’re not allowed to ‘talk union’ on the clock or at work.  I’m here to tell you that without a doubt this is completely false in our specific situation.

The courts have ruled time and time again that union information may be discussed in any work setting where other ‘non-work’ related conversations have to be tolerated.  So for instance- if you’re allowed to talk about your hunting trip in your break room, ground shop, or coffee area, you are legally allowed to discuss union stuff.  Any attempt by management to prohibit or punish employees for such discussions should be documented (time, date, event, nature of conversion and a list of witnesses), this falls directly into “unfair labor practices” which are explicitly prohibited by the NLRA.  Even without a union, you can sue the company for violating this.  Even without a union, the company can face legal action by the NLRB. 

This is from an outside website but I’d like you to read it and reflect on how it applies to us and our work place: 

“When and Where Union Activities May Take Place

The NLRB and courts have tried to balance the competing concerns of employers and employees by coming up with clear rules on union discussions and activities in the workplace. Here are the basic rules that apply to employees (but note that these rules do not apply to nonemployee union organizers who work for the union rather than for the company):

Companies may prohibit workers from talking about nonwork issues in work areas during work hours. A company that chooses to adopt this type of rule may not single out union conversations for discipline, either in its policy or in the way it enforces the rule. In other words, a company can prohibit extraneous conversation, but may not prohibit only union discussions while allowing employees to talk about anything else they wish.

Companies must allow employees to talk about union matters during nonwork hours in nonwork areas (for example, during lunch in the employee lounge or company break room). Union conversations may be prohibited in work areas during nonwork hours only if such a rule is necessary to maintain productivity or discipline and the rule applies to all nonwork topics.

Companies may prohibit distribution of union literature (such as pamphlets and fact sheets) in work areas at all times, as long as the prohibition applies to all nonwork literature, not just union literature.

Companies cannot single out union communications or activities for special rules, as noted above. For example, an employer cannot forbid employees to distribute union materials in work areas but allow them to distribute other nonwork documents.

Companies cannot prevent workers from wearing clothing bearing pro-union logos or symbols, such as a button or cap, unless that type of apparel creates a safety hazard.

Let’s look at 4 examples specific to us-  

• Could a boss stop you from discussing unionizing during a shift ‘handover’ conversation?  Yes, probably; the expectation is that work specific information should be discussed.  

• Could a boss punish you from announcing over the ALP NET radio network “Vote Yes for an NS Union”?  Absolutely they could get mad about this-  We’ve never been in the habit of discussing ‘non critical’ information on the radio.  

• Could a boss stop you from asking another coworker “can you see if James has heard about our union effort” while you’re having lunch in the control room?    Absolutely NOT.  There have been 40,000+ non-work conversations- with bosses present and participating, in that environment.  If your hunting story was ‘safe to share’, then your union conversion is safe to share— regardless of whether you’re ‘on the clock’ or not. 

  
  

• Could a boss stop you from putting up a flyer with a link to a union E-card, or union website on a bulletin board near the chow hall? No. There are flyers posted for AA groups, bible study sessions, & gun raffles in these same areas. Any attempt by management to prohibit posting of union material should be document and reported the NLRB.