Don’t count your chickens before giving warning: an NLRB lesson

In 1964, the National Labor Relations Board (NLRB) decided the case Johnnie’s Poultry Co., which became a monumental judgment that required employers to take specific steps when interviewing employees about misconduct. Last month, the Board reaffirmed the decision and highlighted the importance of a Johnnie’s Poultry warning.

Do’s and don’ts

A Johnnie’s Poultry warning is the best way for employers to protect themselves from any possible violation of employee union rights. We can see how popular unions have become in the news with the recent union wins at Starbucks and Amazon. Texas employers in must be aware of the do’s and don’ts when it comes to unions and concerted activity.

Essentially, Johnnie’s Poultry is a free, simple form given to the employee to sign before an investigation. First, the form should be in a language the employee speaks. It should outline what the meeting will be about (specifically that it isn’t about the union) and that there will be no discussion about the union or how the business feels about the union. Before you begin questioning the employee, make sure you: