Captive Audience - IL

Hi,

My question is for we Illinois public employers. I know there is precedent that prohibits unions (and employers) from discussing organizing efforts within 24 hours of an election, but outside of that, what is to keep a union from trying to organize during business hours regardless of when an election may or may not be held?

I think they can't, just like we can't hold training sessions on the evils of unionization, if we were so inclined, during business hours.

Is it correct that unions can approach employees during off time, breaks and lunch, but not during work time?

Cheers -

Erik

Comments

  • 2 Comments sorted by Votes Date Added
  • I'll take a stab, since no one has responded yet. If I'm wrong you'll get a slew of good advice. Keep in mind, I'm not a public employer nor do you we have a union. However, the way I understand it is if you have a no solicitation policy and enforce it employees cannot be solicited to join a union during work hours by other employees. Union members that are not employees cannot come on your premises to solicit anyone at anytime. They can do what ever they like on public property.

    Regarding training, you can train about whatever you like as long as it is not illegal. When it comes to union aviodance (someone in another thread had a great term for it, but I can't remember) you can provide training on why your organization does not need a union, but you can't threaten, promise or lie. Please get further information from an attorney if you provide training.
  • Our organization does hold 'issue free workplace' training annually, which amounts to union avoidance. There's no prohibition on holding meetings and telling true things and giving true examples. I'll tell them in a heartbeat that the union environment I just left topped out at $15.50 per hour plus paid weekly dues and that's not even mid-range here, with three more holidays and a much more relaxed attendance policy.
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