Employee organizing activity continues to draw increased attention across industries and across multiple jurisdictions, making it more important than ever for employers to understand their rights, responsibilities, and legal obligations under federal labor law. To help employers better understand this evolving landscape, PilieroMazza’s Labor & Employment Group is launching a three-part blog and webinar series focused on employee organizing and union representation. As the first installment in this series, this blog previews the webinar’s key topics, offering a high-level look at the legal framework governing organizing campaigns and the steps employers can take to navigate them while minimizing legal risk. Visit this link to register for the webinar.
Understanding Protected Activity
One of the most important concepts for employers to understand is employees’ right to engage in protected concerted activity. Under U.S. labor law, employees generally have the right to discuss workplace conditions, wages, benefits, and other terms of employment, as well as to organize and seek union representation.
Employers that fail to recognize these protections may inadvertently take actions that expose the organization to legal challenges. Understanding what constitutes protected activity is the first step toward developing lawful and effective workplace policies and management practices.
Responding Lawfully During an Organizing Campaign
Union organizing efforts often create uncertainty for management teams. However, employers must be careful not to react in ways that could be viewed as interference, restraint, or coercion.
This webinar will explore what employers can and cannot say or do during an organizing campaign, helping participants distinguish between lawful communications and conduct that may result in unfair labor practice allegations. Attendees will gain practical guidance on responding to employee concerns, communicating organizational perspectives, and maintaining compliance throughout the organizing process.
Recognizing Early Warning Signs and Preparing a Response
Organizing campaigns rarely occur without warning. Managers and HR professionals who understand the common indicators of organizing activity are better positioned to respond appropriately and proactively.
Participants will learn how to identify potential signs of organizing efforts, assess organizational readiness, and implement compliant response strategies before issues escalate. Preparation can help employers maintain workplace stability while ensuring that employee rights are respected.
What Happens After a Union Election?
An employer’s obligations do not end once employees vote on union representation. If a union is elected, employers face new legal responsibilities, including bargaining obligations and requirements related to labor-management relations.
This session will explain the key steps employers should take following a union election, including best practices for collective bargaining preparation, communication strategies, and compliance considerations that can help foster productive working relationships moving forward.
Avoiding Common Legal Pitfalls
Even well-intentioned employers can make mistakes during organizing campaigns. Missteps can result in unfair labor practice charges, costly litigation, operational disruptions, and reputational harm.
The webinar will highlight common pitfalls organizations encounter before, during, and after organizing efforts and provide practical recommendations for reducing legal risk while supporting a positive workplace culture.
Secure your seat for our July 22 webinar “Employee Organizing 101: What Every Employer Needs to Know Before, During, and After a Union Campaign” and join Sarah Nash and Georgi Kokenis as they do a deeper dive on this topic. Register here.
