Under the National Labor Relations Act (NLRA), employers may not dominate or interfere with an employee committee that qualifies as a labor organization.
What is a labor organization? An employee committee is considered a labor organization if the committee interacts with the employer regarding the terms and conditions of employment, such as the wages and hours of employees. In contrast, a committee formed simply to gather information is likely not a labor organization under the NLRA.
If an employee committee constitutes a labor organization, an employer many not dominate or interfere with it. The National Labor Relations Board has found that employers illegally dominated or interfered with employee committees when management created the committee or otherwise controlled the terms by which it operated.
It is important to realize that these restrictions apply even if your company is not unionized.
If you have questions regarding the appropriate scope and functions of employee committees, contact an experienced employment law attorney.
