Beware! Although it has been largely quiet on the organized labor front for a long time, there are recent indications that union organization efforts may be underway in eastern North Carolina in the electrical trades. This renewed interest on the part of organized labor reinforces the importance of all general contractors and subcontractors to keep themselves informed and aware of their legal rights and limitations when confronted with an organizing campaign. The future of open shops may depend on it.

Although there are many facets to the National Labor Relations Act, it essentially establishes the ground rules for a union organizing campaign and an employer's response to such a campaign. A union is entitled to attempt to convince employees that it is in their best interest to be represented by it; however, an employer is equally entitled to express its views and take the steps necessary to minimize employee interest in a union. An employer does not have to sit back with its hands tied behind its back and watch the campaign unfold. It must express its views, arguments, and opinions if it does not wish to conduct its business in a collective bargaining environment in the future.

Although the legal issues which arise in a typical union organizing campaign are too numerous to address in this Special Bulletin, the legal and factual significance of the "supervisor" in the campaign must be addressed. Supervisors are the eyes and ears of an employer and a critical factor in a pro active response to a union's organizing campaign. Supervisors must be trained to recognize signs of union interest and address them appropriately. Supervisors are not "employees" under the National Labor Relations Act and have the same freedom of speech rights as any other company official. The National Labor Relations Act guarantees a supervisor's right to express the supervisor's views, arguments, and opinions. However, as a member of management, the supervisor's actions, if illegal, will bind the company and expose it to sanctions. The acronym "TIPS" reflects the basic supervisor/management prohibitions as follows:

Although the TIPS acronym is helpful, an employer engaged in a union organizing campaign should be familiar with and communicate to its supervisory staff the basic outline of what a supervisor can and cannot do or say in the course of an organizing campaign.

If you would like to discuss the "Do's and Don'ts" for supervisors, please contact Albert R. Bell, Jr. at (919) 277-9180 or William Joseph Austin, Jr. at (919) 277-9168.

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This Special Bulletin is not intended to give, and should not be relied upon for, legal advice in any particular circumstance. No action should be taken in reliance upon the information contained in this Special Bulletin without obtaining the advice of an attorney.