Advise the Independent Living Home Case Study

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com). Finally, healthcare providers may specifically resist the idea of striking, because of the potential to compromise the care of the individuals in their charge.

If the company elects to resist unionization, what steps should the company follow?

Management should be aware of what they can and cannot do in thwarting union membership. For example, threatening employees with loss of jobs or benefits if they join or vote for a union or engage in protected concerted activity is prohibited by federal law. Managers cannot question employees about their union sympathies or activities. Particularly important is to remember that managers cannot directly promise benefits to employees to discourage their union support. Instead, to resist unionization, the company must recognize legitimate employee grievances, and create a dialogue between representatives of the staff to provide employees with a more attractive employment package, ideally one that matches those negotiated by the unions in other assisted living facilities, but perhaps with greater flexibility than the union might allow.

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What unfair labor practices need to be avoided by management?

The National Labor Rights 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 engaging in concerted activities, or refraining from any such activity" ("The National Labor Relations Board and You," 2008, NLRB: 3). Also, transferring, laying off, terminating or assigning employees more difficult work tasks because they engaged in union or protected concerted activity is prohibited, as well as vocally discouraging unionization amongst the staff ("The National Labor Relations Board and You," 2008, NLRB: 3).

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