It’s Time for the NLRB to Come Up With a Better Remedy for Threats

Source: Andrew Strom, OnLabor blog, August 1, 2016

What should the remedy be when your employer threatens to kill your co-worker who started the union organizing drive? Yes, this really happened a few years back, and the NLRB ordered the employer to “cease and desist from threatening to kill its employees because they support the Union,” and it further ordered the employer to post a notice assuring the workers that it would not threaten to kill them.

Fortunately, it is shockingly rare for an employer to threaten to kill its workers for trying to unionize, but Kate Bronfenbrenner has found that it is quite common for employers to threaten workers in other ways, such as threatening to close a facility if the workers unionize. These kinds of threats can be quite effective in defeating a union organizing drive, yet under current Board law, the only remedy is a prospective cease and desist order along with a notice posting. As a result, employers get one free chance to take their best shot at intimidating workers before facing any consequences.