Can an employer ignore a union?

Asked by: Dr. Delores Price  |  Last update: January 30, 2026
Score: 4.6/5 (26 votes)

No, an employer generally cannot ignore a union, especially after it's certified to represent employees, as the National Labor Relations Act (NLRA) requires them to bargain in good faith; ignoring a recognized union or interfering with union activities (like threatening workers or spying) is an Unfair Labor Practice (ULP) that can lead to penalties from the NLRB (National Labor Relations Board). However, before certification, during organizing, employers can voice opposition within limits, but cannot use threats, coercion, or surveillance, and if a union has a majority, the employer must recognize it, with ignoring it being a serious ULP.

Can an employer refuse to recognize a union?

If a union receives a majority of the votes cast in an election, it is certified as the employees' bargaining representative and must be recognized by the employer as the exclusive bargaining agent for the employees in the relevant workgroup. Failure to bargain with the union at this point is an unfair labor practice.

What to do if your union ignores you?

If your union is unresponsive, contact your union's regional or national office for assistance. Document all communication attempts and changes to your job description, especially if you suspect retaliation. Review your collective bargaining agreement for grievance procedures and timelines.

Can a company shut down to avoid union?

It does not compel one to become or remain an employer,” either. Therefore, the court concluded that an employer could close its entire business, even out of spite towards the union, and be immune from an unfair labor practice.

Can an employer block a union?

The National Labor Relations Act forbids employers from interfering with, restraining, or coercing employees in the exercise of rights relating to organizing, forming, joining or assisting a labor organization for collective bargaining purposes, or from working together to improve terms and conditions of employment, or ...

S1 E12: What can I do if my union won’t help me?

43 related questions found

Can a company get rid of union workers?

Employees who are members of a union and so are protected by a collective bargaining agreement generally may only be terminated for cause.

What are two ways employers attempted to undermine unions?

Unions joined forces to form national labor organizations. Discuss at least two ways employers attempted to undermine unions. Owners threatened to fire workers who joined unions. Owners circulated blacklists of union members and refused to hire listed workers.

Why is it so hard to fire a union employee?

This is because union employees typically work under a collective bargaining agreement (CBA) between the union and the employer. The CBA outlines the disciplinary process and usually requires the employer to show "just cause" before terminating an employee.

Can a workplace get rid of a union?

Employees can file a Petition for Decertification (RD Petition) with the National Labor Relations Board (NLRB) and potentially vote to oust a union. While employers that want to decertify a union have the option to file a Representation Petition (RM Petition) with the NLRB to seek an election to decertify the union.

What are section 7 rights?

Section 7 of the National Labor Relations Act (the Act) guarantees employees "the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other ...

Can you sue a union for not representing you?

For example, if an employee believes that his/her union refuses to proceed with his/her grievance in a way that is arbitrary, discriminatory, or in bad faith, then the employee should file a claim for breach of the duty of fair representation as soon as he/she becomes aware of the denial from the union.

What scares HR the most?

What scares HR most are issues that lead to legal action, financial penalties, reputational damage, and poor employee morale, such as discrimination, harassment, retaliation, wage/hour violations (overtime), non-compliance with laws (like FMLA/COBRA), and high employee turnover, alongside internal nightmares like toxic cultures, mismanaged investigations, and inadequate policies that expose the company to risk. 

What are signs of quiet firing?

Examples of quiet firing may include:

  • Giving an employee fewer and fewer responsibilities over time.
  • Excluding an employee from key meetings and projects.
  • Giving an employee less desirable duties.
  • Having an employee report to an office that is further away.

Can a company lock out a union?

Such lockouts are legal as long as they don't interfere with or defeat employees' union activities. Employers that are part of a multiemployer bargaining unit can use the defensive lockout to counter selective or “whipsaw” strikes by a union.

Is it better to be union or nonunion?

Whether union is "better" than non-union depends on individual priorities, but data consistently shows union workers generally earn higher wages, receive better benefits (health, pension), have greater job security, and possess a collective voice for workplace improvements, while non-union environments offer more flexibility but often fewer protections, though some non-union jobs provide competitive pay and benefits to attract talent. Unions provide standardized training, safety, and dispute resolution, while non-union jobs may offer quicker advancement or varied tasks, but with less leverage against employer decisions. 

When to contact a union?

If you believe that you are being treated unfairly at work, for example you think you are being discriminated against by your employer or you don't have appropriate working conditions, speak to a trade union representative.

Can an employer refuse a union?

Also, under the National Labor Relations Act, your employer cannot: Interfere with, restrain or coerce you in such a way as to prevent you from exercising the rights listed above. Form a union that is financed or controlled by an employer, instead of by you and your co-workers.

What did Elon Musk say about unions?

Elon Musk has consistently expressed strong opposition to labor unions, describing them as creating a negative "lords and peasants" dynamic and arguing they foster company negativity, even clashing with workers at Tesla, SpaceX, and X (formerly Twitter) and facing legal challenges for alleged anti-union tactics like threatening stock options. He believes his companies provide prosperity and that unionizing signals a failure on his part, while also challenging the National Labor Relations Act itself.
 

Can a company fire everyone in a union?

In the US, we have the National Labor Relations Act (NLRA), section 8, which prohibits unfair labor practices (ULP), like firing people for union organizing.

What is the 3 month rule in a job?

The "3-month rule" in a job refers to the common probationary period where both employer and employee assess fit, acting as a trial to see if the role and person align before full commitment, often involving learning goals (like a 30-60-90 day plan) and performance reviews, allowing either party to end employment more easily, notes Talent Management Institute (TMI), Frontline Source Group, Indeed.com, and Talent Management Institute (TMI). It's a crucial time for onboarding, understanding expectations, and demonstrating capability, setting the foundation for future growth, says Talent Management Institute (TMI), inTulsa Talent, and Talent Management Institute (TMI). 

What are 5 fair reasons for dismissal?

The five fair reasons for dismissal under UK employment law are Conduct, Capability/Qualifications, Redundancy, Breach of a Statutory Duty/Restriction, and Some Other Substantial Reason (SOSR), each requiring a fair process, like investigation, warnings, and consultation, to avoid unfair dismissal claims. These reasons cover employee behavior, inability to do the job (skill/health), role elimination, legal constraints, and other significant business needs. 

What is the biggest red flag at work?

The biggest red flags at work often signal a toxic culture and poor leadership, with high turnover, communication breakdowns, lack of trust, blame culture, and unrealistic expectations being major indicators that employees are undervalued, leading to burnout and instability. These issues create an environment where people feel unappreciated, micromanaged, or unsupported, making it difficult to thrive and often prompting good employees to leave.
 

How to defeat a union?

Eight Things Employers Do To Block Unions

  1. Hire a Union-Busting Consultant. ...
  2. Tell You To Wait and See. ...
  3. Get a few employees to campaign against the union. ...
  4. Send letters to you and your family. ...
  5. Hold meetings to sweet-talk — or browbeat — you. ...
  6. Deny your rights through delays and law-breaking.

What tactic used by unions involves workers refusing to work?

Strike action, also called labor strike, labour strike in British English, or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances.

Can a company get rid of a union?

Depending on the timing and circumstances, the employer may, but is not obligated to, withdraw recognition of the union. The petition must be an employee effort. Employer assistance is unlawful and, if there is any, the union can file an unfair labor practice charge to try to nullify the effort.