Search

Search form

Union-related "Miranda Rights" in the Workplace

  • October 1, 2000

At the voting unit hearing, the employer wants to present as much evidence as possible to convince the Regional Director to establish the most advantageous bargaining unit. If done appropriately and lawfully, interviewing employees about their jobs may provide information the employer can use to support its position on who should and should not be included in a bargaining unit.

If you decide to interview employees for this reason, do not risk running afoul of the National Labor Relations Act. The Labor Board requires employers to give employees their "Miranda" rights when they are interviewed by management representatives in connection with union-related matters (i.e., election petition hearings and unfair labor practice hearings). The form to the left should be read to the employee, after which the employee should be asked to sign and date it. And, make sure that any interview is completely voluntary and takes place in a non-coercive environment (not a management office).

©2000 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Focused on labor and employment law since 1958, Jackson Lewis P.C.'s 950+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients' goals to emphasize inclusivity and respect for the contribution of every employee. For more information, visit https://www.jacksonlewis.com.