Labor Relations

Management guidelines during union organizing

Last updated: August 13, 2024

In response to a number of questions around what can and cannot be communicated during an organizing campaign, the following guidelines apply:

Managers should not:

  1. Threaten,
  2. Interrogate,
  3. Promise, or
  4. Spy (“TIPS”).

Supervisors and managers are the University’s representatives on the front line.

What we do and say can determine whether the union’s campaign is successful. Also, whatever you say as a supervisor can bind the University in the same way as if a university official had made the same statements.

Ultimately, it is an employee’s personal decision to join a union or not. It is inappropriate for management to sway that choice by encouraging or discouraging employees’ union activities. Additionally, management interference can lead to an Unfair Labor Practice charge (ULP). Avoiding interference ULPs is mostly common sense, and the ground rules are easy to remember:

1. Don’t Threaten – You can’t threaten employees with loss of jobs or reduction of wages or benefits if the union gets in. You can’t tell them that there will be a strike if the union wins the election, or that management will refuse to bargain with the union. Don’t tell employees working in a unionized environment will be more difficult. And you can’t use intimidating or coercive language to influence an employee for or against joining the union. Avoid insinuating that there will be social repercussions depending on an employee’s union support.

You are free to tell them that they have a right to present their views on the union to their co-workers, whatever those views may be. However, the use of state/university resources for union organizing is prohibited Contact Labor Relations with questions.

2. Don’t Promise – You can’t promise employees increased wages, promotions, or benefits if they reject the union. You also cannot promise that joining the union is the only or best way to secure increased wages, promotions, or benefits. And you can’t tell employees that you won’t discuss wage increases with them until the union is out of the picture. That’s considered an implied promise of reward. (See status quo section for more information)

3. Don’t Interrogate – It’s illegal to ask employees what they think about the union, its officers, or what they know about the internal affairs of the union. You may listen if information is offered, but refrain from offering your opinions. Don’t ask if they have signed cards or attended any union meetings. Don’t solicit or encourage employees to request the return of their authorization cards, and don’t assist them in writing letters to the union asking for withdrawal of their cards.

4. Don’t Spy On Union Activities – You may not spy on employees to determine their feelings about a union; you may not attend union meetings; and you may not even give the impression that you’re watching employees’ union activities. It’s easy to unintentionally create the impression that employees are under surveillance. The PERC[1] frowns on statements and questions like these: “I know who is involved with the union.” “Let me know if you hear of anyone supporting the union; I’d like to talk to them.” “I heard the meeting last night was interesting. What did you think about it?” “I saw the email the Union sent out, did you?”

Remember that employees may have a heightened sense of fear or anxiety around their choice to join or not join the union. Even if you believe that you are offering helpful support, advice, or feedback, employees may perceive your statements to have a different intent. It is better to show respect by allowing employees to make their own choices, without unneeded management feedback.

Here are general rules for management to follow:

  • You may not imply that you have someone on the inside telling you about union meetings or insinuate that you know when and where union meetings have been held. If the notices of meetings are public, you do not need to deny knowledge of the meeting if asked, but it is best not to bring up the topic. Do not create the impression that you know exactly what has been said at these union meetings.
  • You may continue to visit local bars, pubs, restaurants and other establishments, even if a union meeting is taking place there, as long as you have had a frequent practice of visiting these places. Before going to any establishment where you know a union meeting is to take place, be sure to check with Labor Relations first (laborrel@uw.edu).
  • You may not request employees to report the identity of pro-union employees to you or to other managers. Also, you may not encourage those you supervise to engage in surveillance of the union activities of their co-workers, or to reveal who is for or against the union. Do not question (even when you are off company premises) an employee’s spouse, relative, neighbor, friend, or co-worker as to whether the employee is for or against the union.
  • You may not tell employees that co-workers are informing you about union activities, or that some employees are “keeping you posted” on what is going on with the union; do not imply, even in a joking way, that you are receiving information about union activities in the office.
  • Do not even start a conversation with the statement, “I’ve heard that some people are interested in the union….” All these statements can be viewed by the PERC as creating the impression of surveillance.

If you have additional questions, please direct them to laborrel@uw.edu.

[1] The Public Employment Relations Commission is the public sector equivalent to the National Labor Relations Board in Washington State. Much case law created by the NLRB in the private sector has been adopted by the PERC.