Now that the NLRB’s ambush election rules have taken effect and labor unions are able to take advantage of the significantly shortened time frame from the filing of a representation petition to the election, it has been questioned whether labor unions will continue to engage it its prior “corporate campaign” tactics to organize new workplaces. As employers have experienced from several different unions in the past decade, including UNITE HERE, UFCW, SEIU and others, labor organizers attack the corporation from outside threats in its attempt to persuade the employer to sign a card check or neutrality agreement, rather than resort to the traditional secret ballot election procedure. It’s akin to a death by a thousand cuts, and labor unions have found more success in organizing employees. One of the corporate campaign tactics includes involving outside regulatory state and federal agencies to investigate the workplace for potential regulatory violations.
In this post by my partner, Eric Conn, he explains how labor unions have accompanied OSHA investigators during on-site inspections, even in non-union workplaces, and what employers can do when presented with labor representatives.