According to the National Labor Relations Board (NLRB), a Union engages in objectionable conduct if, during a union campaign drive to represent workers, the union finances a lawsuit seeking to recover overtime pay for the same employees being recruited to vote for the union. This decision is important for two reasons:
- Employers facing an overtime pay lawsuit have a stronger argument for using the discovery tools in that lawsuit to find out if a union is “financing” the lawsuit. Depending upon the circumstances, a union’s financial support to the employees as part of recruitment efforts for unionization may support an employer’s request to extend this ruling beyond its current reach.
- Employers who learn of organizing efforts by a union should conduct an internal assessment of their pay practices as part of getting their houses in order. Trying to “stir up” an overtime pay lawsuit is becoming a common tactic in such organizing efforts. Continue Reading Union’s Financing Of Lawsuit Objectionable Conduct During Union Campaign