When union activity enters the picture, many business owners are left wondering what they can say—or do—without crossing a legal line. But unionization efforts don’t start in courtrooms or hearing rooms. They start in workplaces where employees feel unheard, undervalued, or frustrated.
Federal labor law doesn’t just protect workers. It also spells out your rights as an employer and outlines the limits for both sides. If you’re trying to maintain a productive, union-free environment, it’s not just about avoiding missteps. It’s about understanding the law and building a workplace where employees don’t feel the need for outside representation.
What the NLRA Actually Covers
The National Labor Relations Act applies to most private-sector workplaces in the U.S., regardless of industry or size. At its heart, the NLRA protects employees’ rights to act together to improve working conditions. That includes:
- Talking to each other about wages, schedules, benefits, or safety
- Organizing or joining a union
- Choosing representatives to bargain on their behalf
- Refusing to participate in union activity altogether
The law refers to these rights as protected concerted activities. Employees don’t need to be in a union to exercise them, and employers can’t retaliate or interfere when those rights are being used.
It’s also important to know what the NLRA doesn’t cover. It does not apply to government workers, independent contractors, agricultural laborers, or supervisors in most cases. But for most private businesses, the law applies—even if you’ve never had a union on site.
What You Can—and Can’t—Do as an Employer
Some employers assume they can’t say anything about unionization efforts. Others go too far in trying to shut them down. Both approaches can backfire.
The law gives you the right to communicate with your employees, but there are limits. Here’s how to think about it:
You Can Share Facts and Opinions—But Not Threats
You’re allowed to explain how unionization could affect the workplace. For example, you might discuss:
- How a collective bargaining process works
- What union dues cost
- The limits of what a union can guarantee
What you can’t do is intimidate employees. Saying “You’ll lose your job if you vote yes” crosses a clear line. Even more subtle pressure—like suggesting layoffs, hinting at reduced hours, or saying promotions might disappear—can trigger unfair labor practice claims.
You Can Enforce Workplace Rules—If You Apply Them Fairly
You don’t have to stop supervising employees just because a union effort is underway. You’re still responsible for managing attendance, productivity, and safety.
But enforcement has to be consistent. If you suddenly discipline someone for being late right after they hand out union flyers, that timing could be questioned. The issue isn’t the rule—it’s whether you’re using it to punish protected activity.
You Can Respond to Questions—But You Should Train Supervisors Carefully
If an employee asks what you think about the union, you can answer. But supervisors and managers need to understand where the lines are. A casual comment like “That’s a mistake” or “You don’t want to be part of that” could be misinterpreted.
Every organizing campaign carries risk when your managers aren’t briefed on the rules. The safest route is training them in advance.
What the Law Expects From Unions
The NLRA protects unions, too—but it doesn’t give them free rein.
Unions have the right to approach employees, hold meetings, and campaign. They can distribute literature, ask for support, and even push for an election. But their activity also has boundaries.
They can’t:
- Coerce or pressure workers into signing cards
- Threaten retaliation if someone refuses to join
- Falsely promise benefits or job security
- Encourage illegal strikes or actions
If a union gets enough support—typically by collecting signatures from at least 30% of the workforce—it can file a petition with the National Labor Relations Board (NLRB) to hold a secret-ballot election. If a majority of votes cast are in favor, the union becomes the official bargaining representative.
At that point, you’re legally obligated to bargain in good faith.
How a Union Campaign Typically Unfolds
Most organizing campaigns start quietly. A few employees begin talking. A union organizer meets with them offsite. Flyers appear. Support cards circulate. The first public sign is usually a petition or an election notice.
Once a petition is filed, the NLRB investigates. If the conditions are met, it schedules a vote. Both the union and employer are allowed to campaign—within the boundaries of the law.
During this period, your role is delicate. You’re still running the business. But any actions that appear retaliatory, intimidating, or deceptive can result in unfair labor practice charges—even if no union ultimately forms.
Union Avoidance Strategies That Stay Within the Law
Wanting to avoid unionization doesn’t make you anti-worker. Many businesses prefer a direct relationship with employees. That goal is legitimate—but it has to be pursued carefully.
The most effective union avoidance strategies are long-term and people-focused. They don’t rely on last-minute persuasion or lawyered-up memos. They build a workplace culture that addresses concerns before a union gets involved.
Build Better Communication Systems
Lack of transparency is a major driver of union interest. If employees feel like decisions are made behind closed doors—or that their input goes nowhere—they’re more likely to seek outside help.
- Make it easy for employees to raise concerns directly to decision-makers.
- Respond to issues with clear explanations, not empty platitudes.
- Avoid one-way communication (memos, announcements) and focus on dialogue.
Even small things like regular check-ins, anonymous surveys, or feedback loops can make employees feel heard.
Why Pay and Benefits Can Influence Union Interest
You don’t need to outpace every competitor, but you do need to be competitive. Union organizers usually focus on compensation gaps—and those arguments land harder when wages haven’t budged in years.
This doesn’t mean you need to throw money at the problem. Sometimes it’s about transparency. Show how pay is determined. Make raises and promotions feel earned, not arbitrary.
If you offer strong benefits—like paid time off, family leave, or professional development—make sure employees understand and value them. Perks don’t speak for themselves.
Train Managers to Spot (and Fix) Problems Early
Supervisors are your front line. If they ignore concerns, play favorites, or react defensively, that dynamic pushes employees away from management—and closer to outside representation.
Train managers to:
- Stay approachable when problems surface
- De-escalate tensions without dismissing complaints
- Avoid phrases that suggest retaliation or resentment
Even unintentional comments—like “You’re putting a target on your back with this union stuff”—can lead to a legal headache.
Don’t Wait for Organizing to Begin Fixing Culture
Too many companies wait until they see signs of a union campaign before addressing underlying issues. At that point, it may be too late.
Start now. Ask yourself:
- Where are employees most likely to feel ignored?
- Are policies consistent—or enforced unevenly?
- Do people trust leadership to follow through?
If you’re not sure, the best time to find out is before a union organizer does.
If a Union Is Voted In, What Happens Next?
If employees vote in favor of union representation, the employer needs to bargain in good faith. That means meeting at reasonable times, providing relevant information, and working toward a collective agreement.
You’re not required to agree to every proposal. But refusing to negotiate—or dragging the process out without a legitimate reason—can result in NLRB intervention.
It’s also worth noting: even if you suspect the union gained support unfairly, your path forward is legal, not personal. The NLRB has mechanisms for challenging misconduct, but retaliating against employees is never one of them.
The Best Defense Is a Strong Workplace
You don’t need to fear the NLRA, but you do need to understand it. The law protects workers, but it also respects the employer’s right to run a business, speak openly, and maintain discipline—within boundaries.
Union avoidance strategies that work best are the ones that aren’t reactive. They focus on listening, communicating, and delivering fair treatment every day—not just when an election is looming.
Most employees don’t start out looking for a union. They look for answers, respect, and accountability. If you can deliver those things in a way that feels authentic—not performative—you’re far more likely to keep your workforce engaged and your business union-free.
Additional Reading:
https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/employer-union-rights-and-obligations