Labor and Labor Practices

Employers may not prohibit organizing efforts of workers on company property during nonworking time such as lunch periods, rest breaks, and before and after shifts, but generally they may ban non-employee organizers from company property. Employers may give captive speeches discouraging union formation to employees during work hours, and they are not required to give the union an opportunity to reply, but captive speeches are prohibited in the 24-hour period directly preceding an election. Employers are also barred from threatening to cut the pay of employees if they vote to form a union or discriminating against those who support a union. Employers may not poll employees regarding their views on a pending union election unless union supporters have asked to be recognized without holding an election, and then polling must be by secret ballot. In cases of repeated unfair labor practices by an employer, the NLRB may order the employer to recognize the union.

Union organizers and employees wishing to organize may not threaten or intimidate employees into supporting the formation of a union.