The National Labor Relations Board (NLRB) recently made a groundbreaking ruling on employer statements regarding unionization. In a decision overturning nearly four decades of precedent, the NLRB ruled that most employer statements about the impact of unionization are considered “unlawful threats.” This decision, known as the Siren Retail Corp. d/b/a Starbucks case, clarifies that employer predictions about unionization must be based on objective facts and not be coercive.
Prior to this decision, the 1985 Tri-Cast ruling set the standard, allowing employers to tell employees that unionization would strain worker–manager relationships “so long as they didn’t explicitly or implicitly threaten employees.” With the recent NLRB decision, employers could be in violation of federal law if they tell workers that unionizing would harm employee–manager relationships.
The ruling will only apply to future cases, allowing past communications under the Tri-Cast standard to stand without retroactive penalties. The NLRB said such cases will now be decided on a case-by-case basis.
Click here for more information. Click here to read the NLRB’s decision in the case.
Sign Up For Our Newsletter
Receive the latest updates on the linen, uniform and facility services industry from TRSA delivered straight to your inbox.
