Tales from Trenches: Lessons from the HR and ER Frontlines
March 19, 2025. By Mark A. Lema, MHR, SPHR, SHRM-SCP.
Many employers provide lockers as a convenience for employees, offering a designated space for personal belongings during work hours. However, I’ve recently noticed that some of our clients lack clear policies regarding the use of these lockers.
Over the years, employees in many workplaces have been given unrestricted access to their lockers, and as time passed, they began to view them as their personal property rather than company-owned assets. This shift in perception led employees to customize their lockers with stickers supporting sports teams, political causes, and more. In essence, they gradually lost sight of the fact that these lockers belonged to the company.
Our latest clients recently faced an aggressive union organizing campaign, during which union supporters began posting flyers on every employee’s locker door. In response, management swiftly removed all union-related materials—only to be hit with an Unfair Labor Practice (ULP) charge.
Once the company received the ULP notification, corporate leadership decided to backtrack. They instructed management not to remove any union postings moving forward. You can imagine the frustration this caused—especially among managers and employees who did not want union flyers displayed on their locker doors. Management, in effect, had their hands tied.
What was the reason behind the corporate’s decision? Past practices. The company had previously allowed employees to post non-work-related materials in locker areas, such as car sale notices and baseball sign-up sheets. Since these postings had never been restricted, management’s attempt to remove union flyers could be seen as discriminatory, making them vulnerable to legal action.
This situation underscores a crucial lesson: During a union organizing campaign, every action an employer takes—no matter how well-intentioned—can be scrutinized and interpreted as interference with employees’ rights.
Employers must understand that reacting impulsively to union activities, even if they believe they are within their rights, won’t prevent ULP charges. In fact, ULPs are a common tactic used by unions to limit the employer’s ability to respond during an organizing effort.
Key Takeaways for Employers:
- Establish Clear Locker Policies – Clearly define what can and cannot be posted on employer-provided lockers. If personal postings are allowed, be prepared for union materials to be included.
- Ensure Policies Are Translated – If your workforce includes employees who speak different languages, translate the policy into all necessary languages to ensure full understanding.
- Post Policies in Visible Areas – Make sure locker policies are clearly displayed in locker rooms or nearby common areas so that all employees are aware of the rules.
- Maintain Consistency – If employees have long been allowed to use lockers for personal postings, abruptly enforcing restrictions during a union campaign can be seen as retaliation.
- Train Management on ULP Risks – Educate managers on navigating union-related activities to avoid legal pitfalls.
A Quick Note From Me:
Please do not take my recommendations as legal advice. Every workplace situation is unique, and labor laws can be complex. If you’re facing a similar issue, I strongly encourage you to consult with a qualified labor attorney or HR professional to ensure you’re making the best decision for your organization.
The bottom line? If a policy doesn’t exist, create one before you need it. Otherwise, past practices may dictate how you can (or cannot) respond when union organizing enters the picture.
