Bob Nobile and Marcia Henry Published in HR Advisor

“Anti-Union Statements in Employee Handbooks: Management Philosophy or Unfair Labor Practice”

Bob Nobile and Marcia Henry’s article, “Anti-Union Statements in Employee Handbooks: Management Philosophy or Unfair Labor Practice,” was published in the January/February 2008 issue of HR Advisor.

In their article, Bob and Marcia note that many “non-unionized employers who are developing or revising their employee handbooks often inquire about whether they should include an anti-union policy statement” in it. Bob and Marcia explain that including such a statement in an employee handbook could put an employer at risk of committing an unfair labor practice (ULP). “Moreover, it is questionable how effective an anti-union statement is to prevent future union campaigns,” the authors note. They further state, “if the statement is found to be a ULP, the penalties against the employer will undermine the goals of maintaining a union-free environment.” Finally, Bob and Marcia note that “an employer should consult with its employment counsel to weigh any potential gains from the inclusion of the policy against the substantial risks,” and, if an employer chooses to include such a policy, it should “work with counsel to ensure the policy statement is appropriately worded.”