Do your work rules align with recent National Labor Relations Board rulings? Are you prepared to ward off a unionization campaign?

With the makeup of the NLRB, the two questions are tightly entwined. Though unions comprise only 6.6 percent of the workforce nationwide, today’s NLRB leans decidedly in the pro-union, pro-employee direction.

In one case, the NLRB overturned the firing of an employee who posted a profanity-laced diatribe against his manager and the manager’s mother on Facebook. Why? Because, in part, the post concluded with a call to vote yes for a union, and therefore it was considered to be directed at the manager’s perceived mistreatment of employees and an effort to seek redress in the union election.

Even nonunionized businesses have faced sanctions for rules that, in the NLRB’s view, squelch potential unionizing efforts. You might believe you have common-sense work rules that comply with NLRB rulings, but they might not.

The following are ways employers can try to level the playing field.

The complication of “quickie elections”

Employers facing an attempt to unionize have an added challenge commonly referred to as the “quickie election” rule. This year, the NLRB slashed the median time between the filing of an organizing petition and the vote by workers on whether to accept union representation from 38 days to 24. The tighter time frame favors unions by giving employers less time to educate employees about the issues and what it means to work in a unionized site.

In the pro-union climate, these three steps are key:

1. Review work rules

Annually review work rules, including documents that could be construed as conveying rules, such as codes of ethics and confidentiality agreements. Remember that any language perceived as chilling employees’ right to form a union could be unlawful.

Consider that the NLRB believes terms such as “civility,” “negativity,” “harmonious,” and “disrespect” are “code words for not being supportive of management.”

2. Track NLRB rulings

Develop a procedure, including use of legal counsel and alerts, to keep abreast of NLRB rulings. This helps prevent unpleasant surprises. For instance, “micro-units,” or portions of the workplace, are now appropriate targets for union organizers. In the past, unions seeking to organize smaller segments of a business’s workforce had to demonstrate that wall-to-wall coverage was inappropriate.

Today’s NLRB has flipped the scales, putting the burden on employers to demonstrate an “overwhelming community of interest” between the proposed micro-unit and the rest of the workforce. It’s a difficult case for employers to make, and it opens the door to unions snatching a small group of disgruntled employees to create a foothold in a broader workplace.

3. Prepare for campaigns

Be ready for quickie elections by preparing to educate the workforce on whatever issues may have prompted the campaign. Also, anticipate the volume of administrative work required by creating an action plan and a team to implement it, assigning responsibility for each aspect.

Most importantly, determine the people who are supervisors, as defined in Section 2(11) of the National Labor Relations Act. In most cases, supervisors and managers are the focal point for company communications during a union campaign. Know who they are ahead of time and don’t make assumptions. The last thing you want is a team member expected to communicate the company message becoming part of the potential bargaining unit.

The bottom line

I always advise clients that the best assurances for staying nonunion are good management and effective communications with employees. Deal honestly and effectively, be nondiscriminatory, and apply all work rules evenly.

Still, union-avoidance procedures are essential, as the workplace is evolving rapidly. Employers must stay ahead, keeping pace with changing norms. Because every workplace is different, employers can’t adopt cookie-cutter approaches.

It’s imperative that employers who perceive a potential conflict between work rules and NLRB determinations seek counsel in effectively complying with the law while protecting the workplace and their employees.