Business Necessity Union Question

Don D

When we are considering doing business with materials suppliers, part of our standard procedure is to ask a series of questions related specifically to their environment, procedures, labor force, turnover rate, on and on. Also we always ask if there is a union in place and if so what was the last date of a work stoppage? Our logic is that we need to know for genuine business reasons. We don't want to be buying aluminum from somebody who has a quarterly strike. When we are quoting our products, we are typically asked the same questions by municipilaties and systems installers all over the country. Are you aware of whether this might be construed as an NLRA violation?

Peyton Irby MS

it is not a violation of the NLRA to ask a supplier questions relating to meeting supply dates and the reasons therefor. the question does not have the intent or the effect of what the NLRA prohibits. that is encouraging or discouraging any employee of the supplier to support or not support a labor organization.

ritaanz

Peyton is correct. Your inquiry does not violate the NLRB. You may also ask when the current union contract expires. This gives you a heads-up on any impending issues.