How Can Businesses Prepare for a Union Election Campaign?
When a business learns that a union election may be on the horizon, preparation is not just important, it’s essential. Union elections can significantly impact how a company operates, how decisions are made, and the relationship between employers and employees. The best approach for businesses is to act early, long before any official election petition is filed. This means building a strong internal foundation that earns employee trust, makes third-party representation unnecessary, and complies with all applicable labor laws.
The earliest warning signs often come in the form of subtle employee behavior shifts. Rumors, group complaints, new demands, or frequent questions about policies can indicate organizing activity. While no employer can or should retaliate against union efforts, it is entirely lawful and wise to begin preparing as soon as signs emerge. Preparation does not mean cracking down or sowing fear, it means reinforcing positive workplace relationships and creating an environment where employees feel heard, valued, and respected.
One of the most effective steps a business can take is to train its management and supervisory staff. These individuals are the eyes and ears of the company and are usually the first to learn about union activity. They also play a crucial role in how employees perceive the company. If they treat workers fairly, solve problems quickly, and communicate clearly, the desire for third-party intervention diminishes. But if managers mishandle concerns or show favoritism, that frustration fuels union interest. Companies must ensure their leadership understands their legal rights, knows what they can and cannot say, and responds professionally and lawfully during any election campaign.
Another key part of preparation involves reviewing and, if necessary, updating workplace policies. Are your open-door policies real or just lip service? Do your grievance procedures work? Are employee concerns taken seriously or brushed aside? Union organizers succeed when businesses ignore problems. Addressing issues early, wage disputes, scheduling frustrations, lack of advancement opportunities can prevent those concerns from becoming rallying cries for unionization. Employee education is also vital. Workers should understand what a union can and cannot do for them, including the legal and financial commitments that come with signing a union authorization card. Many workers are unaware that signing a card could lead to binding union representation even without an election. Providing this information in a clear, calm, and respectful manner can be highly effective.
Maintaining lawful communication during a union election campaign is crucial. Employers have the right to express their views about unionization, but they must avoid threats, promises of benefits, surveillance, or interrogation about union preferences. Instead, communication should focus on facts and opinions: what it means to bring a union into the workplace, how union dues are spent, and the limitations of collective bargaining. Union contracts are not guaranteed to produce better wages or benefits, and in some cases, they can even lock employees into less favorable terms.
Timing is everything. If a union files a petition with the National Labor Relations Board (NLRB), employers typically have only a few weeks before an election is held. That’s not enough time to rebuild trust or fix systemic workplace problems. Businesses that begin preparing early—through education, policy reform, and leadership training—will be in a much stronger position if and when a campaign begins.
The union election process can also affect productivity, customer service, and workplace morale. Uncertainty spreads quickly. The best defense against a successful union campaign is not fear or suppression, it is trust. When employees feel that their company is honest with them, respects them, and listens to them, they are far less likely to look to a union for answers. Preparation is about protecting your business and your culture by doing the right things before a crisis arises.
No matter your industry or workforce size, preparing for a union election starts with creating the kind of workplace where employees feel connected to their employer—not divided from it. If you wait for the union petition to land on your desk, you’re already behind.
FAQs About Preparing for a Union Election Campaign
How will I know if my employees are organizing a union?
Often, you won’t know until it’s well underway. However, signs like coordinated complaints, sudden group meetings, or increased interest in workplace policies may indicate organizing activity. Supervisors must be alert and report potential signs early—legally and professionally.
Is it legal to talk to employees about unionization?
Yes, but with limits. Employers can express their views and share facts, but they must not threaten employees, interrogate them about union views, promise benefits for rejecting a union, or surveil organizing activity. Staying within these legal boundaries is critical.
What should we tell employees if we suspect a union is trying to organize?
Honest communication works best. Let employees know that while you respect their rights, you believe union representation is unnecessary. Share factual information about dues, contracts, and what changes if a union gets in. Keep the tone respectful and informative.
Do we have to allow union organizers into our building?
No. Businesses generally have the right to prevent outside union organizers from accessing private property, such as break rooms or employee-only areas. However, off-duty areas like public sidewalks or parking lots may be accessible depending on local law.
Can we discipline workers who promote a union during work hours?
You can enforce neutral policies about solicitation and distribution during work time, but you must apply them consistently. Targeting union activity specifically is illegal. All disciplinary actions must be neutral, job-related, and based on documented rules.
Should we train our supervisors before an election starts?
Absolutely. Supervisors must understand what they can and cannot say or do. Improper behavior, even unintentional, can be used against the company in an unfair labor practice charge. Supervisor training is one of the most important tools in early preparation.
What happens if a union wins the election?
The union becomes the exclusive representative for the employees in the bargaining unit. The employer is then legally obligated to bargain in good faith over wages, hours, and working conditions. A contract negotiation process will begin—and it can be lengthy.
How long do we have to prepare once a union files a petition?
Typically, less than 3 weeks. The NLRB moves quickly. That’s why pre-petition preparation is vital. Once the petition is filed, your window to act lawfully and effectively is extremely limited.
Can we remain union-free forever?
There is no guarantee, but companies that focus on employee satisfaction, fairness, communication, and lawful policies significantly reduce the risk of unionization. Preventive labor relations work should be part of your ongoing business strategy.
Call Labor Advisors for a Free Confidential Consultation
If your company is concerned about the risk of unionization or simply wants to strengthen employee relations before it becomes an issue, we’re ready to help. At Labor Advisors, we work closely with employers to build trust, communication, and long-term stability in the workplace. Call us today at 1-833-4-LABOR-4 (1-833-452-2674) to schedule your free, confidential consultation with a labor advisor. The time to prepare is now.
