Q: Is it legal for an employer to approve both a raise and bonus only for employees who did not vote to form a union?
Union vote for a segment of employees was counted 4/8. Since then a 4% raise was approved for everyone but the segment of employees who took part in the union vote and a 2.5% bonus was announced today again for everyone but those who will have union representation. Is this legal?
A:
I'd like to hear more about this, but based on your representation, it appears to be unlawful discrimination under the National Labor Relations Act. For example, Section 8(a)(3) of the Act makes it an unfair labor practice for an
employer to discriminate against employees “in regard to hire or tenure of employment or any term or condition of
employment” for the purpose of encouraging or discouraging membership in a labor organization. Feel free to contact me to determine if I'm able to help.
A: On the facts presented, it appears to be illegal. Call me for more facts.
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