The final counsel of the Nationwide Labor Relations Board issued a memo on Thursday arguing that the widespread employer observe of requiring staff to attend anti-union conferences is unlawful underneath federal legislation, though labor board precedent has allowed it.
The final counsel, Jennifer Abruzzo, who enforces federal labor legislation by prosecuting violations, mentioned her workplace would quickly file a short in a case earlier than the labor board, which adjudicates such questions, asking the board to reverse its precedent on the conferences.
“This license to coerce is an anomaly in labor legislation, inconsistent with the act’s safety of workers’ free selection,” Ms. Abruzzo mentioned in a press release, referring to the Nationwide Labor Relations Act. “I imagine that the N.L.R.B. case precedent, which has tolerated such conferences, is at odds with basic labor-law ideas, our statutory language and our congressional mandate.”
In latest months, high-profile employers like Amazon and Starbucks, that are dealing with rising union campaigns, have held a whole bunch of conferences during which they attempt to persuade staff to not unionize by arguing that unions are a “third celebration” that will come between administration and staff.
Amazon officers and consultants have repeatedly advised staff in necessary conferences that they “might find yourself with extra wages and advantages than that they had previous to the union, the identical quantity that that they had or probably might find yourself with much less,” in line with testimony from N.L.R.B. hearings a few union election in Alabama final 12 months.
The corporate spent greater than $4 million final 12 months on consultants who took half in such conferences and sought out staff on warehouse flooring.
However many staff and union officers complain that these claims are extremely deceptive. Unionized workers usually earn greater than comparable nonunion workers, and it’s extremely uncommon for compensation to fall because of a union contract.
Wilma B. Liebman, who headed the labor board underneath President Barack Obama, mentioned it could in all probability be sympathetic to Ms. Abruzzo’s argument and will reverse its precedent. However Ms. Liebman mentioned it was unclear what sensible impact a reversal would have, since many workers might really feel compelled to attend anti-union conferences even when they have been not necessary.
“These on the fence could also be reluctant to not attend for concern of retaliation or being singled out,” she wrote by e-mail.
In keeping with a spokeswoman, the board’s regional workplaces, which Ms. Abruzzo oversees, are additionally more likely to problem complaints in opposition to employers over the conferences. One union, the Retail, Wholesale and Division Retailer Union, has introduced such a case in Bessemer, Ala., the place it lately helped manage staff in search of to unionize an Amazon warehouse. A vote depend final week confirmed union supporters narrowly trailing union opponents in that election, however the final result will hinge on a number of hundred challenged votes whose standing will likely be decided within the coming weeks.
The labor board spokeswoman mentioned the end result of the board’s “lead” case on the necessary conferences would bind the opposite circumstances. The case is pending however has not been recognized.
