Rising Unionization

Unionization in the restaurant industry is on the rise in Chicago. Due to the resurgence of union interest, employers may face more questions from employees about unionization. It is important for employers to understand their rights and responsibilities when it comes to unions.

Under the National Labor Relations Act, once employers become aware of union activity amongst their employees, the employer may not engage in activities that could be construed as coercion or intimidation of its employees. For instance, the law prohibits threatening employees with adverse consequences if they unionize or engage in other protected activities (such as trying to gather support amongst coworkers to form a union).

Additionally, employers may not proactively question their employees to determine if they are engaging in union activity. Furthermore, an employer cannot go out of its way to “spy” on its employees to determine if they are engaging in union activities.

Employers should consider educating managers on how to communicate with employees and respond to employee questions regarding unionization. For instance, employers have the right to express their opinion on unions in response to an employee request. A manager could factually state that unions are a business that earn revenue by collecting dues and fees from employee paychecks. A manager can also state their opinion that they don’t believe unions are the best decision for the employees or the business.

The best way to thwart unionization is for Employers to ensure that they have systems in place to learn of employee concerns as they arise through strong relationships between managers and employees and open communication.

Please reach out to Tuckey Law should you wish to discuss these details further, abate rent during future pandemic shut-downs, or on an emergenc y basis if staff become ill, or if they cannot hire enough employees due to the labor market.

Tuckey Law, LLC covers all of your legal needs for opening and operating your food, beverage and hospitality business. Contact Lauren at lauren@tuckeylaw.com or 312-701-2200. This column is not legal advice. Consult with an attorney to decide on the right course of action for your business.

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