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Today’s labor law practitioners increasingly hear a common troubling narrative: that an employer was blindsided by a union filing a petition to organize its workforce. Historically, employers have been able to see signs of nascent union organizing: union literature and cards in the workplace, union staff visiting the worksite or reports of unwelcome home visits, for example. But these traditional forms of union organizing now frequently are preceded by extensive social media campaigns, subtly imposing the union’s message months before actual card-signing efforts. The result is that the workforce is subjected to a message campaign perhaps well before the employer knows its workforce has been targeted. This deprives the employer of the ability to take early responsive measures, putting employers at a communication disadvantage that may be insurmountable.

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