Dear Overworked Professionals,
We know you’re busy navigating a sea of HR nightmares, so let’s cut to the chase: Union investigations are a special kind of hell.
Brace yourselves.
(Oh, and some of this union stuff applies to your non-union employees too.)
Weingarten Rights: The Gift That Keeps on Giving
Remember that delightful little concept called Weingarten rights? No? It’s the one where employees can demand a union rep be present for any conversation that might lead to discipline. Fun, right?
Now, we know some of you have been generous enough to offer this perk to everyone, regardless of whether they’re the target of the investigation. While we applaud your spirit of goodwill, let’s be clear: you’re not legally obligated to be Santa Claus. We encourage you to have a compliant strategy and stick with it.
Johnny Poultry Warning: A Fine Feathered Friend
Introducing our new favorite legal term: Johnny Poultry Warning. This gem is essentially a complex way of saying, “We’re investigating you, but don’t worry, we promise not to bite.”
Remember, this isn’t a free pass to grill employees about their union sympathies. Stick to the facts, and for goodness sake, document everything. Don’t be cute here, either. Deliver the statutory verbiage the way the statute is written.
No idea what we are talking about? Just ask – we’ll keep you covered.
Confidentiality: A Four-Letter Word
We understand the urge to keep investigations hush-hush, but the NLRB has a different idea. Telling employees to zip it about an investigation is a big no-no.
Unless you have concrete evidence of witness tampering or document destruction, you’re better off keeping your lips sealed about confidentiality.
Information Requests: The Never-Ending Story
Unions love information. They want it all, and they want it now. Brace yourselves for endless requests for emails, personnel files, and even your grandmother’s recipe book (okay, maybe not that last one).
Remember, you don’t have to hand over everything. Assert those privileges, and don’t be afraid to push back.
The bottom line is that navigating the world of union investigations is like herding cats in a hurricane. It’s messy, unpredictable, and often downright infuriating. But fear not! With a little knowledge, a lot of patience, and a healthy dose of working smart, you can survive.
Want a bit more than that? Get in touch.
