Employers Interfering with the Organization of Unions
Section 8 (a)(1) restricts employers from interfering with, coercing or restraining any employees in their rights to organize a
union or bargain collectively with employers. When an employer has been found to have committed a violation in this area, the NLRB will issue a cease and desist order. The NLRB also will require a notice to be posted for 60 consecutive days at the employer's premises. If an employer has been found to have interfered with the election process—which would decide whether the employees want to be unionized—to the point that the NLRB does not believe a fair election can be held, it may issue a bargaining order. With this order, the election process is stopped and the NLRB directs the employer to negotiate with the union.