The argument concerning the Employee Free Choice Act has caused many business owners to think about the complex issue of unionization.  However, what they are probably not considering are the various government laws that control workers’ relations for business owners regardless of unionization.

“Your non-union employers probably don’t think about the National Labor Relations Act (NLRA), because you don’t think it applies to you.  That’s a myth,” said Karen Harned, executive director of the Small Business Legal Center at the National Foundation of Independent Business.  She hosted a web seminar for small-business owners regarding labor laws.

The NLRA applies to business that “affects commerce” — which is essentially all of them, irrespective of the amount of workers, can fall under the law.  All activities that would “intimidate,” “coerce,” or “discourage” an employee from forming or joining a union (or vice versa) are deemed “unfair labor practices” under the NLRA, according to Harned.  An example of how bosses may intimidate their workers is via an “anti-loitering” rule that would attempt to stop employees from planning organizations (I mean, seriously, what are we talking about here, thought police?  Mind crimes?  Where do you draw the line?  Whatever happened to freedom?  Freedom is not free.  The price of freedom is eternal vigilance).  Anti-loitering rules are not forbidden, however they have to be specific so as to not step on the proverbial toes of the NLRA.  Continuing with this example, if one has managed to establish anti-loitering rules in place at their business, they must apply strictly to the interior of the work areas, they must be made known, and must apply to off-duty workers attempting to enter the work area.

What, specifically, are these “unfair” practices?  When asked that question, the answer becomes ambiguous.  Workers have four rights under the law:  the right to strike, the right to conduct political activities (e.g. demonstrating outside a plant, something that umbrella anti-loitering rules could be attempting to stop), the right to complain, and “Weingarten rights” — the right for workers in unions to have a witness in disciplinary interviews.

The right to strike is what most likely matters to owners of non-unionized laborers.  This is due to the fact that workers can strike whether they are in a union or not.  Strikes by laborers not in a union are called “wildcat strikes.”

Harned warns that if you are a business owner and such a strike occurs, “do NOT take action.  Call a labor attorney first.”

Since the federal labor laws are so complex, it will most likely be necessary to hire an lawyer if any practice is in question.

The main message here is all businesses need to treat their employees well and be careful to not believe they are too small or too insignificant for employees to take a stand against unfair practices and/or wages.

cf http://www.usnews.com/money/blogs/risky-business/2009/07/08/small-business-owners-shouldnt-wait-for-employee-free-choice-act-to-think-about-unions-and-strikes