On December 20, 2010, Lafe Solomon, the National Labor Relations Board (Board) Acting General Counsel, distributed a memorandum to all regional offices regarding effective remedies for unfair labor practice violations committed during union organizing campaigns. Previously, in September 2010, Solomon had proposed different steps for seeking injunctive relief in an action involving discriminatory discharges in union organizing campaigns under the National Labor Relations Act (NLRA) Section 10(j). However, Solomon also stated in his brief that threats, promises, interrogations, and other unlawful conduct can affect an employee’s freedom of choice and would require remedial relief. 

In Solomon’s most recent memorandum, he discussed how even non-hallmark violations of the NLRA can negatively influence employees. “Hallmark” violations, such as firing employees or threatening job loss, have already been recognized by the Board as having the potential to discourage employees from exercising their right to join or be active in a union. However, Solomon contends even non-hallmark violations, such as an unlawful solicitation of grievances, can negatively affect employees. 

Solomon gave several suggestions to help counteract these negative affects. First, he proposed employers not only post a notice of unfair labor practices but, in addition, have the notice read by a Board agent to employees with a management official present. Second, Solomon told the regional offices that employees should be informed of the advantages and disadvantages of joining a labor organization or union. Finally, Solomon believed union representatives should be allowed access to plant or office bulletin boards and employee contact information. This would help open up communications between the union and employees, and allow employees to obtain information about the union without fear of retaliation. 

In the case of a severe violation, however, Solomon suggests regional offices submit the case to the Board’s Division of Advice for recommendations on additional measures to be taken. Solomon believes these recommendations may include allowing union representatives access to nonwork areas when employees were not working, giving the union an equal opportunity to answer inquiries regarding representation, and allowing the union to deliver a speech to employees before an election.  Solomon stressed to the regional offices that in a proceeding regarding a violation of Section 10(j) of the NLRA, they must specifically argue a need for notice-reading orders or union access remedies.