NLRB Guide Explains Employee Rights During Union Organizing Campaigns

McDonald's crew members and shift managers operate under protections spelled out by the National Labor Relations Board when they organize or discuss unions on and off the clock. The board's guidance makes a simple core point: "You have the right to form, join or assist a union." It adds that employees may "organize a union to negotiate with your employer over your terms and conditions of employment," and that protected activities include "to distribute union literature," "wear union buttons t-shirts, or other insignia (except in unusual "special circumstances")," and "solicit coworkers to sign union authorization cards, and discuss the union with coworkers."

The guidance clarifies time and place rules that matter in restaurant settings. Employers may enforce non-discriminatory rules limiting solicitation during working time because "working time is for work," but they cannot bar union discussion during non-work time such as before or after shifts or during breaks, or prevent distribution in non-work areas like parking lots and break rooms. The board warns that restrictions must be evenhanded: "your employer cannot prohibit you from talking about the union during working time if it permits you to talk about other non-work-related matters during working time."

Both the NLRB and union and legal materials list employer actions that can be unlawful responses to organizing. The International Brotherhood of Electrical Workers notes that an employer cannot "Fire, demote, or transfer employees for expressing pro-union views or reward employees for expressing anti-union views," nor can it "Reduce pay, hours, or benefits," "Impose new paperwork requirements to maintain employment," or "Contact law enforcement, including ICE." The board also warns that "Supervisors and managers cannot spy on you (or make it appear that they are doing so), coercively question you, threaten you or bribe you regarding your union activity or the union activities of your co-workers," and "You can't be fired, disciplined, demoted, or penalized in any way for engaging in these activities."

Legal commentary underscores nuance. The Employee Relations Law Journal notes that "Observation of union activity in the course of work supervision is not unlawful surveillance," but it also cautions that "An employer may not follow an employee closely and constantly during working hours until the employee vents his anger. Continuous scrutiny over substantial periods of time may constitute coercive surveillance."

If employees believe an employer is interfering, the NLRB provides a remedy: "If an employer is interfering with your right to form, join, or assist a union, you can file an unfair labor practice charge with the NLRB." Employees can contact the board by phone at 1-844-762-6572 or by email at publicinfo@nlrb.gov, use the board's office locator to find a local office, and file an unfair labor practice charge through the NLRB's online process. The board and other federal guidance also explain who the NLRA covers and excludes, a key detail for franchise restaurants where roles such as supervisors may be treated differently.

For McDonald's workers weighing organizing, the practical implications are clear: organize communications around non-work time and non-work spaces when possible, document any disciplinary or operational changes tied to organizing, and use the NLRB contact points to report interference. Election rules reinforce secrecy and impartiality at the ballot box; during voting "managers and supervisors must stay away from the area in which the voting is taking place" and "The employees vote by secret ballot and indeed, must not sign the ballot or otherwise identify themselves in any way."

Understanding these rules shapes workplace dynamics at restaurants where crew members, shift leads, and management often interact closely. The guidance gives employees concrete protections and pathways for enforcement, and it signals to managers and franchisees the legal limits on responding to organizing drives.