While the 2010 legislative session doesn’t start until mid-January, an issue regarding employers communicating with their employees about union organizing may surface yet again.

In Washington State, labor has sought an employer communications bill, known either as the “Worker Privacy Act,” or “Employer Gag Rule” in 2006, 2007 and 2008. This legislation would prohibit employers from requiring attendance at meetings or otherwise requiring communication with employees about labor unions. In 2009, no action was taken on a nearly identical bill as a result of emails surfacing from labor that implied political funds would not be contributed to democratic political action committee funds until similar legislation was passed.

Violations of employer rights, including the first amendment, is one of the many problems with this legislation. On a national level, labor is still attempting to enact the “Employee Free Choice Act” (EFCA), which would end the secret ballot union election process and replace it with a non-private “card check” process, which opens the doors to coercion and intimidation of employees by union organizers and other employees in an effort to unionize.

The National Labor Relations Act already has protections in place to protect workers. Under the NLRB, employers are prohibited from threatening employees by reducing benefits, or terminate or otherwise retaliate against an employee for participating in union activities. Employers cannot interrogate employees as to whether they signed authorization cards, if they support the union or plan to sign an authorization card. Employers also cannot promise wage or benefit increases for opposing the union, or spy on employees to determine who is attending union meetings, signing cards or supporting the union.

ABC is monitoring both the employer gag rule at the state level, and the Employee Free Choice Act at the national level. If you have any questions about either of these important labor issues, please contact Vice President of Government and Labor Affairs Aran Buchan at (425) 646-8000.