WILL THE COMPANY KNOW IF I SIGN A
UNION CARD?
What Management
Cannot Do During the Course of an Organizing
Drive
You may find that the employer or others in management may try to influence
your legally protected right to join the Union
through fear, coercion, and intimidation. Under Federal Law, they are
prohibited from interfering with your right to select a union as your
"collective bargaining representative." Among the things that they
are NOT permitted to do are:
- They
cannot promise any benefits to employees to stay out of the Union.
- They
cannot threaten the loss of jobs, income, benefits, or any other
compensation you are now receiving if you do support the Union.
- They
cannot threaten to fire you, or fire you because you support the Union.
- They
cannot attend Union meetings.
- They cannot
treat you differently because they think you are supporting the Union.
- They cannot
transfer you because you are involved with the Union.
- They cannot
take work away from you because you are supporting the Union.
- They cannot
ask you about your opinion of the Union.
- They cannot
ask you whether you are supporting the Union.
- They cannot
ask you how you would vote if there were an election.
- They
cannot ask you at the time you are hired whether or not you belong to a Union.
- They
cannot help you withdraw from Union membership.
- They
cannot tell you there will be a strike.
- They
cannot tell you they will not deal with the Union.
The Card
You Sign To Petition For Union Recognition Is Confidential. The Company Does Not See The Card, And Cannot
Ask If You Have Signed One. This Is Protected By Federal Law.
5-900 Investigations of Showing of Interest
“An integral and essential element of the
Board’s showing-of-interest rule is the nonlitigability of a petitioner’s evidence
as to such interest. The Board reserves to itself the function of investigating
such claims, and in its investigation it endeavors to keep the identity of the employees involved
secret from the employer and other participating labor organizations. . . . The Board’s requirement that petitions be supported
by a 30-percent showing of interest gives rise to no special obligation or
right on the part of employers.’’ S. H. Kress
& Co., 137 NLRB 1244, 1248–1249 (1962).
In
keeping with these policies, a hearing officer is
barred by the Board’s Rules and Regulations from producing the evidence of
interest. Plains Cooperative Oil
Mill, 123 NLRB 1709, 1711 (1959), and the Board refused to supply cards in
response to a subpoena. Irving v. DiLapi, 600 F.2d 1027 (2d Cir. 1979).
The manner, method, and procedure in determining the showing of interest is not
for disclosure. Pacific Gas
& Electric Co., 97 NLRB 1397 fn. 3 (1951). In Smith’s Food & Drug Centers, 320 NLRB 844 (1996), the Board, on review,
found sufficient evidence of lack of a showing of interest to dismiss the
petition without a remand to the Regional Director.
(http://www.nlrb.gov/nlrb/legal/manuals/outline_chap5.pdf)
www.comcastworkersfightback.blogspot.com
www.ibew2322.com
Local 2322 Organizer Carol Reed: organize@ibew2322.com
