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About an hour before the voting in a representation election was scheduled to begin, a plant manager set out to make one last campaign appeal to his employees. He walked up to one employee's work station and reminded him, "Today is the big day." He then told the employee that he didn't think the plant really needed a union and that he hoped the man would vote "No." He then repeated this action, approaching each and every employee at his or her work station. At one point the manager talked to three employees who worked in very close proximity at one time. There was nothing coercive or threatening about the manager's remarks, nor did he make any promises. Did the manager's campaign tactics violate the NLRB ban on speeches within 24 hours of an election?
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Answer: |
No. Campaigners do not need to give up talking on the last day. The 24-hour ban applies only to speeches. Conversations with employees do not fall within the proscription of the 24-hour ban.
Use these questions to help you determine what constitutes a prohibited speech:
- Have the employees been gathered together on company premises during working hours?
- Are the employees addressed as a group rather than individually?
- Is attendance at the gathering mandatory rather than voluntary?
- Is the speech delivered within 24 hours of the start of the election?
- Is there an employer-initiated question and answer session?
Source: CCH Human Resources Management, Employee and Union Relations Guide ¶907
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