loader
Page is loading...
generic_insight_detail

Don’t Pull The Tapes: Employer Dinged By NLRB For Surveilling Employee Union Activity On Video Archives


The National Labor Relations Act (NLRA) puts limits on what employers can do if/when their employees express interest in forming a union in the workplace. Generally, employers cannot threaten employees based on their union activity; interrogate workers about their union activity, sentiments, etc.; make promises to employees to induce them to forgo joining a union; or engage in surveillance (i.e., spying) on workers’ union organizing efforts. To the extent an employer violates the NLRA by engaging in these acts, it can negatively affect union election results and result in other penalties. A recent decision from the National Labor Relations Board (NLRB) offers a reminder that employers must tread carefully when union activity is afoot in their workplaces. In AdvancePierre Foods, Inc., which was decided by the board on July 19, an employer was found to violate the NLRA when, among other things, it pulled archived video footage at its site upon becoming aware of union activity. During its review of the tapes, it observed two employees passing out union literature in company breakrooms and the company disciplined those employees for doing so. The NLRB found that the employer’s review of archived footage constituted unlawful surveillance of the workers’ union activity. The employer also was found to have unlawfully interrogated employees. This case serves as an important reminder that there are very specific rules employers must abide by when union activity surfaces in the workplace, and there can be harsh consequences for companies who misstep in this area when trying to remain union-free.


RELATED ARTICLES

Kicking It Into Gear: NLRB Continues Improving Case Processing Statistics

November 13, 2020 | Labor Relations, National Labor Relations Board

Mail It In! NLRB Sets Standards For Mail-In Ballot Union Elections During Pandemic

November 10, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Scabby The Rat On The Chopping Block

October 28, 2020 | Labor Relations, National Labor Relations Board, Strikes and Picketing

How Has COVID-19 Impacted Union Election Results?

October 23, 2020 | Labor Relations, Unions and Union Membership, National Labor Relations Board

Is Staying Neutral During a Union Campaign Unlawful?

October 6, 2020 | Labor Relations, Union Organizing, National Labor Relations Board

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
National Labor Relations Act
NLRB
Unions
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.