[Angie O'Plasty, RN]

A friend of mine says she saw a memo a few years ago from upper management that went out to all the managers that said something like, "Management discourages union activity in this facility."

She says after she saw that, she was afraid to even say the word "union" for fear of losing her job.

Is that legal?

[HM2Viking]

It is a very clear form of intimidation. It is a classic union busting activity.

[caliotter3]

I would think that such a memo would be unnecessary. Isn't it a given that management does not encourage union activity? I guess this place had the corporate mentality that their managers were not sharp. As far as legality, I would think there is a distinction between not encouraging such activity and prohibiting it. That would probably make the memo ok legal-wise. Also would think that the legal dept would have looked the memo over before it went out and said it was ok.

[klbackus]

This is very common and is just a drop in the bucket in what hospitals will do to prevent nurses from forming a union. Some of what is done is legally permissible, sometimes not.

It's a much different atmosphere when hospitals and unions agree to free and fair election procedures, where employees have the chance to make up their own minds without fear and intimidation. But that doesn't happen nearly enough.

That's why there are efforts to change federal law (and those that set and administer them).

[RN Power Ohio]

One thing to consider...Does the hospital even care if it's legal or not? The answer is no! If you do a risk/ benefit analysis for this kind of memo or other intimidation geared toward preventing collective action the benefit outweighs the risk for the employer.

It is unlikely that they will get caught and if they did the penalty would be minimal. If it works the liklihood of nurses standing up and saying they think it is wrong is pretty minimal too- case in point your friend.

The way to change the dynamic is for the nurses to realize their rights are infringed and sign a letter to management telling them so!