Checklist-Unlawful topics for employee questioning

Determining whether a question will be considered coercive depends upon the circumstances of the particular situation. The basic test is whether or not the inquiry is of a nature that would tend to coerce an employee.

List of unlawful topics. Although special situations may warrant a different conclusion, questions relating to the following topics generally will be considered unlawful by the National Labor Relations Board:

• Union activity or support by the employee being questioned.

• Union activity or support by other employees.

• Identity of card signers.

• Who is distributing union cards.

• The extent of a union's support.

• The advantages of union affiliation.

• The employee's loyalty to the employer.

• Attendance at, or location of, union meetings.