Refuse to hire union-represented employees of a business you have acquired to avoid succeeding to an obligation to bargain with the union.Refuse to hire or consider job applicants because of their union membership, activities, or sympathies.Transfer work (e.g., to another plant or other employees) in order to avoid your obligations under the Act.Close one of your facilities, if your motive is to chill unionism at any remaining facility and such an effect is reasonably foreseeable.Engage in discriminatory conduct that is inherently destructive of employee rights under the Act, unless you can show a legitimate and substantial business justification for your conduct that outweighs the invasion of employee rights.Discharge, constructively discharge, suspend, lock out, lay off, fail to recall from layoff, demote, discipline, or take any other adverse action against employees because they support the union or engage in union activities.
Section 8(a)(3) of the Act makes it an unfair labor practice for an employer, "by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization." (An employer that violates Section 8(a)(3) also derivatively violates Section 8(a)(1).) For example, you may not
It is unlawful to discourage (or encourage) union activities or sympathies "by discrimination in regard to hire or tenure of employment or any term or condition of employment." For example, employers may not discharge, lay off, or discipline employees, or refuse to hire job applicants, because they are pro-union.
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