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Unionized, or union-free, labor laws can deeply affect your organization. Know what you can and can't say in your workplace to prevent unfair labor practice charges and arbitrations against you. Receive experienced advice and representation on all labor relations matters, from union inception to union decertification.  


Employers Council can help its union-free members with:

  • Proactive union avoidance training and consulting
  • Crafting responses to union organizing drives, including anti-union campaigns aimed at preserving union-free status
  • Union election consulting and advice
  • Representation before the National Labor Relations Board on unfair labor practice charges, election challenges and other dispute resolution

Employers Council can help its unionized members with:

  • Day-to-day labor support, including contract administration and interpretation, and union management
  • Collective bargaining agreement reviews to determine at-risk language and more effective language to be negotiated
  • Proactive training on managing in a unionized environment, understanding your collective bargaining agreement, just cause discipline and terminations, and more
  • Advice on lay-offs, progressive discipline, termination and just cause
  • Collective bargaining negotiations, whether at the table with you or advising from behind the scenes
  • Representation before the NLRB on unfair labor practice charges and other disputes
  • Consulting on strikes, lock outs, and other forms of labor unrest
  • Advice on grievances and representation at arbitrations
  • Advice on alternative dispute resolution

By becoming a member at Employers Council, you immediately expand your Labor Relations team with experienced Labor professionals ready to support you. 

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FAQs

Is Colorado a Right to Work State?

Colorado is unique across the United States. It is a hybrid situation. Essentially Colorado is Right to Work unless a second election has been called under the Colorado Labor Peace Act and the employees have voted for an all-union agreement.

We have hired a new employee that is trying to organize the employees, what can we do?

Be very careful. Union salts are paid union employees that are hired to infiltrate union free organizations. If you unjustly terminate or discipline a potential union salt, you are at risk of an unfair labor practice charge, which can also impact a union election. Call a Labor Attorney before taking any action against a potential union salt.  

Employees at our union free workplace seem unhappy and morale is low. There is no discussion of unionization, however we want reach out to them. What can we legally say to our employees in addressing concerns?

Once a union is at your door, you are more constrained in what you can and can't say to employees about addressing grievances, fixing issues, etc. The Labor Relations attorneys at Employers Council can work with you both in training your supervisors and managers and consulting with you on how to best address employee unrest and increase your chances of remaining union free.

We have a new group of supervisors and managers that have no union experience. Do you have any resources to assist us in ensuring they are aware of the union implications of a unionized environment?

Absolutely. We can train your supervisors and managers on what you can and can't say at work, how to manage in a unionized environment, understanding your collective bargaining agreement, and how to discipline and terminate in a union environment. The NLRB operates on an agency principle where a supervisor or manager misstatement can render the employer as a whole liable. Get the training today, so you can prevent the unfair labor practice charge or arbitration tomorrow.

What is protected concerted activity?

Protected concerted activity laws give employees the right to act together to try and improve their wages and working conditions. They can do this with or without a union. While there are restrictions on protected concerted activity, it is greatly protected by the administrative bodies who govern those laws. If the concerns raised by your employee(s) involve pay or terms and conditions of employment, proceed very carefully and reach out to Employers Council for advice before taking any action.

I want to terminate this employee, can I?

If you are unionized, we highly recommend you follow the seven essential steps to defending discipline and discharge in your workplace. They are a set of criteria that arbitrators rely upon on determining whether you had just cause to discipline or terminate. We also recommend following these criteria in non-unionized environments to better defend yourself against unemployment claims, EEOC charges, or unfair labor practice charges against you. At Employers Council we not only advise members regularly on these essential steps, we provide training both as an onsite and at our offices titled: Seven Essential Steps for Defending Employee Discipline and Discharge.

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For over 70 years, Employers Council has been providing compensation and benefit data to employers, along with consultation and advice, to allow you to make the best decisions for your workplace based on sound experience and reliable data.

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Employers Council is more than 200 legal and HR professionals with experience and expertise in every facet of human resources and employment law. We are easily accessible and well equipped to address your issues.

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