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
- 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.
What about companies where different parts of the company have differing work arrangements? For instance, my telco has some union workers in specific roles, as well as non-union retail staff, and a "management professional" category. If union people were getting laid off, it would be due to the role, but of course there would be no non-union workers in that role.
This is nothing to do with union membership: when sales are down we slow the production line (everything is just in time) and part of that is letting go people on the production line who are not needed at the slower pace of operations. They will be recalled if sales improve. You have to be union to work on the production line (that is in the contract), so there is no discouragement of membership.
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
- 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.