# Halcyon Toolworks — Final Supervisor Talking Points and Compliance Guide

## 1. Supervisor Script — Final Approved Language  
**Word count: 411 words**  
Replace bracketed placeholders before use.

> Team, I am sharing a brief update because Halcyon’s president asked supervisors to speak with each shift. This is not a survey. I will not ask who supports or opposes the union, and I will not report your personal choices.
>
> Halcyon’s management has a preference: we prefer to work without a union. My view is that direct communication, company meetings, and our existing grievance process let us address concerns quickly. That is an opinion, not a threat. You are free to support, join, or oppose the union. No one has to say how they will vote, and no Halcyon official will ask.
>
> If the union is certified, it will become the exclusive bargaining representative for the bargaining unit. Bargaining would begin from the terms in the current agreement. I do not know what terms will be negotiated, and I cannot promise any outcome. Halcyon cannot guarantee that a future contract will improve, maintain, or reduce any benefit. The current terms remain in place until a new agreement is reached; there is no automatic loss of existing benefits simply because a union is certified.
>
> The union has published dues. The published dues are [amount] [frequency]. I am not predicting your personal financial outcome beyond the published figure. Employees may choose to seek further information about dues or initiation fees. A strike may result in lost wages for striking employees. Under union rules, employees decide whether to strike; Halcyon does not decide that. I am not saying a strike will occur.
>
> You may have questions about pay. Three months before the organizing campaign, the board approved a company-wide cost-of-living increase, and the board minutes document that decision. It is scheduled for implementation next month for eligible employees. That increase was decided independently of the union campaign and will be processed under the preplanned schedule. It is not a vote incentive and will not be conditioned on union status.
>
> Marris labor rules prohibit retaliation for lawful union activity. If you believe you have been treated differently because of union activity, tell me or HR. I will preserve your report, submit it to labor counsel or HR, and I will not investigate your personal union views. Questions may also be directed to [designated contact].
>
> Do not take my preference as pressure. You may attend meetings, talk with coworkers, and decide for yourself. If you hear a statement that sounds like a threat, promise, or demand, report it to HR or the designated contact. Thank you.

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## 2. Prohibited-Conduct Guide and Compliant Alternatives

**General instruction:** Use only approved language. If a question is not covered below, do not improvise. Say: “I don’t have an approved answer for that. Please direct the question to [designated contact] or HR.”

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### A. Proposed statement:  
**“If the union gets in, corporate may move this work to our southern plant and this facility could close.”**

**Status:** Prohibited — coercive threat or prediction.  
**Why:** This statement conditions possible closure, work transfer, or job loss on union certification. Under Marris rule 2, a prediction about closure, transfer, or lost work is unlawful unless it is based on objective facts outside the employer’s control and does not suggest management will retaliate. Even softened words such as “may” or “could” can be unlawful if tied to unionization.

**Compliant substitute:**

- Do not link plant closure, work transfer, staffing, or job loss to union status.
- If asked, say:

> “I do not have a basis to say this facility will close or that work will move, and I will not speculate. Halcyon will not take employment action because an employee supports or opposes the union.”

- If labor counsel provides documented objective facts outside Halcyon’s control, such as a customer decision, regulatory change, or market event, use only this form:

> “The documented outside factor is [specific objective fact]. I do not know the business outcome.”

- Never say: “If the union,” “union means,” or “because of the union.”

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### B. Proposed statement:  
**“Ask your teams who signed cards so we know where the misinformation started.”**

**Status:** Prohibited — interrogation and solicitation of protected activity.  
**Why:** Marris rule 3 prohibits supervisors from asking how an employee will vote, who signed authorization cards, who attended meetings, or what coworkers support the union. Asking employees to identify card signers or sources is also improper because it invites supervisors to build or use information about individual union activity.

**Compliant substitute:**

- Do not ask, hint, or request names, card status, meeting attendance, vote intent, or coworker support.
- If you want to address misinformation, say:

> “I cannot ask or discuss who signed cards, attended meetings, or how anyone will vote. If you have heard information you believe is inaccurate, you may share it with [designated contact] without identifying individuals.”

- If an employee voluntarily offers a coworker’s view, say:

> “I’m not able to discuss individual choices. Please don’t share personal information about coworkers. I won’t record or use that for adverse purposes.”

- Do not create lists, notes, or summaries identifying who supports or opposes the union, who signed cards, or who attended meetings.

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### C. Proposed statement:  
**“Tell them we are considering a $2 hourly increase, but only if we can stay union-free.”**

**Status:** Prohibited — promise of benefit to induce rejection of the union.  
**Why:** Marris rule 5 prohibits promising raises, bonuses, promotions, improved schedules, or grievance relief to induce rejection of the union. A conditional pay increase tied to staying “union-free” is unlawful even if it is only being “considered.”

**Compliant substitute:**

- Do not discuss unapproved, unimplemented, or conditional pay increases.
- Use only the documented preplanned cost-of-living increase:

> “The board approved a company-wide cost-of-living increase on [date], before the organizing campaign, and the board minutes document that decision. It is scheduled for implementation next month for eligible employees. It was decided independently of the union campaign and will be processed as planned. It is not conditioned on union status. I cannot discuss or promise any other raise, bonus, promotion, schedule change, or grievance relief.”

- If asked about future pay:

> “I can discuss only documented preplanned benefits. I cannot promise future compensation changes.”

---

### D. Proposed action:  
**“Have security photograph cars at the union meeting in case outside agitators damage property.”**

**Status:** Prohibited — surveillance or creating the impression of surveillance.  
**Why:** Marris rule 6 prohibits photographing, following, monitoring, or creating the impression of surveillance at union meetings or protected gatherings. Photographing cars, badges, faces, or attendance lists can be unlawful even if the stated purpose is property safety. Labeling participants “outside agitators” can also be coercive.

**Compliant substitute:**

- Do not photograph cars, employees, badges, faces, badges, meeting materials, or attendance at union gatherings.
- Do not follow, tail, monitor, or take attendance.
- If there is a genuine safety or property concern, do not act unilaterally. Notify HR or labor counsel and say:

> “I have a safety or property concern. Please handle it under neutral protocols. Do not photograph employees, cars, badges, or attendance, and do not create an impression of surveillance.”

- If property damage actually occurs, follow ordinary neutral incident reporting only to the extent necessary, without identifying union participation.
- Do not characterize attendees as “outside agitators” unless labor counsel confirms that the language is objective, necessary, and non-coercive.

---

### E. Proposed action:  
**“Stop employees from discussing the union in the cafeteria, even though employees discuss sports and charities there.”**

**Status:** Prohibited — selective enforcement and interference with protected concerted activity.  
**Why:** Marris rule 7 allows neutral rules to be enforced only consistently. Singling out union discussion while allowing sports, charity, or other non-union discussion is unlawful selective enforcement and can also chill protected concerted activity.

**Compliant substitute:**

- Do not tell employees to stop discussing the union unless the same rule applies to all similar discussions.
- If concerned about cafeteria conduct, say:

> “Employees may discuss the union in the cafeteria just as they may discuss sports or charities, subject to neutral rules applied consistently. I will not single out union discussion. If a conversation blocks required work or violates a uniformly applied safety, attendance, or work-time rule, I will address the conduct neutrally.”

- Instead of: “Stop talking about the union.”
- Use neutral language tied to the actual conduct, for example:

> “Please keep aisles clear during production.”  
> “Please keep conversations in non-work areas.”  
> “Please follow the same attendance rule we apply to all topics.”

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### F. Proposed statement:  
**“Explain that bargaining starts from the current contract and outcomes are negotiated, not guaranteed.”**

**Status:** Permitted, if stated accurately and with uncertainty identified.  
**Why:** Marris rule 8 allows accurate descriptions of bargaining and existing terms if the supervisor identifies uncertainty and does not claim that employees will automatically lose existing benefits.

**Compliant substitute:**

Use this language:

> “If the union is certified, it becomes the bargaining representative. Bargaining would begin from the current contract. I do not know what terms will be negotiated, and no outcome is guaranteed. The current terms remain in place until a new agreement is reached; there is no automatic loss of existing benefits.”

Do not say:

- “You will lose X.”
- “The union will take away Y.”
- “Nothing is guaranteed, so expect things to get worse.”

---

### G. Proposed statement:  
**“State the union’s published dues accurately and explain that a strike can mean lost wages, while making clear that employees decide whether to strike under union rules.”**

**Status:** Permitted, if accurate and uncertain outcomes are identified.  
**Why:** Marris rule 8 allows accurate discussion of dues, initiation fees, strikes, and existing terms if uncertainty is identified and employees are not told they will automatically lose benefits.

**Compliant substitute:**

Use this language:

> “The union’s published dues are [amount] [frequency]. [If a published initiation fee is known: The published initiation fee is [amount].] [If not known: I have no published initiation fee information to share.] I am not predicting a strike. A strike may result in lost wages for striking employees. Under union rules, employees decide whether to strike.”

Do not say:

- “You will lose wages.”
- “Everyone will have to strike.”
- “The union will force a strike.”

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### H. Proposed statement:  
**“Tell employees they may support or oppose the union and that Halcyon will not retaliate.”**

**Status:** Permitted.  
**Why:** Marris rule 9 allows supervisors to tell employees that they are free to support or oppose the union and that retaliation is prohibited.

**Compliant substitute:**

Use this language:

> “You are free to support or oppose the union. Halcyon will not retaliate for lawful union activity. If you believe retaliation has occurred, tell me or HR. We will preserve the complaint and refer it to labor counsel or HR.”

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## Required Compliance Instructions

### 1. Voluntary employee comments

Supervisors may listen to voluntarily offered views, but they may not solicit them.

If an employee says, for example, “I think the union is a good idea” or “I don’t like the union”:

- Do not ask follow-up questions such as:
  - “Will you vote for them?”
  - “Did you sign?”
  - “Who else signed?”
  - “Are you going to the meeting?”
  - “What do your coworkers think?”

Use neutral language:

> “That is your view. I won’t ask or record your personal choice.”

If the employee asks for your view, you may state management’s view or your own opinion, but do not turn the conversation into a poll:

> “Management’s view is that we prefer to work without a union. I can share that, but I won’t ask how you will vote.”

Do not keep notes identifying who said what about the union, unless the statement is a complaint requiring preservation under the complaint procedure below.

Do not use voluntary comments for discipline, scheduling, promotion, grievance handling, or any adverse employment decision.

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### 2. Escalation of retaliation or coercion complaints

If an employee complains of retaliation, coercion, threat, surveillance, or improper questioning, the supervisor must preserve and escalate the complaint. The supervisor must not investigate the employee’s union views.

If an employee says something like:

- “My schedule changed after I signed a card.”
- “A supervisor asked me who was going to the meeting.”
- “I think I’m being watched.”
- “Someone told me the plant might close if the union gets in.”
- “I was asked how I would vote.”

Say:

> “Thank you for telling me. I will preserve this complaint and report it to HR or labor counsel. I will not investigate your personal union views. If you can, please provide the date, time, location, person involved, and what was said.”

Do not:

- Ask how the employee will vote.
- Ask who signed cards.
- Ask who attended meetings.
- Ask what coworkers think.
- Discipline the employee for raising the complaint.
- Change the employee’s schedule, assignments, or treatment while the complaint is pending.
- Tell the employee that “complaining will cause problems.”
- Confront the alleged wrongdoer about the employee’s protected activity.

If the complaint involves another supervisor, do not confront that supervisor. Report the complaint to HR or labor counsel.

If the complaint involves an immediate safety emergency, notify security or HR under normal neutral emergency protocols. Do not use the emergency to identify or monitor union activity.

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### 3. Preservation

When a retaliation or coercion complaint is received:

1. Preserve the complaint in factual form.
2. Record the date, time, location, supervisor present, and employee’s exact words if possible.
3. Preserve any existing, lawfully obtained related records, such as an already-existing email, text, calendar entry, or incident report.
4. Do not create new surveillance records, such as photos, attendance logs, or lists of union activity.
5. Do not alter, delete, edit, or “soften” the complaint.
6. Submit the complaint to labor counsel or HR the same day it is received.
7. Keep the complaint confidential. Share it only with HR, labor counsel, or others with a legitimate need to know.
8. Do not take adverse action against the complaining employee pending review.

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### 4. Quick red flags

If you are about to say or do any of the following, stop and use the compliant substitute instead:

| Red flag | Why it is dangerous | Use instead |
|---|---|---|
| “If the union, the plant may close.” | Threat / coercive prediction | “I do not have a basis to say that, and I will not speculate.” |
| “Who signed cards?” | Interrogation | “I cannot ask or discuss who signed.” |
| “We’re thinking about a raise if we stay union-free.” | Promise | Discuss only the documented preplanned COLA. |
| “Photograph cars at the meeting.” | Surveillance | Do not photograph; notify HR/labor counsel for neutral safety response. |
| “No union talk in the cafeteria.” | Selective enforcement | Enforce neutral rules consistently for all topics. |
| “You’ll lose wages if you strike.” | Overstated certainty | “A strike may result in lost wages under union rules.” |
| “Tell me who else supports the union.” | Interrogation / list-making | “I won’t ask or record individual choices.” |