“This is where things get a little spicy… and a little risky.”
That’s the vibe from the latest conversation between ERG Homegirl Maceo Owens and LRI’s Phil Wilson in a YouTube live session that every HR and labor relations professional should watch.
▶️ Watch the full conversation here
What’s it about?
The session dives into a growing and largely misunderstood gray area:
Phil Wilson joined Maceo to unpack a key (but rarely discussed) concept: employer-dominated labor organizations. Under the National Labor Relations Act, if a company provides resources to an ERG and treats it like a bargaining unit—soliciting proposals on things like pay, benefits, or workplace policies—it may accidentally cross into illegal territory.
Key Takeaways
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ERGs ≠ Unions… Until They Might Be
If your ERG proposes changes to wages, hours, or working conditions—and management treats it like a negotiating partner—you’re flirting with an unfair labor practice. -
“Advocacy” Is a Loaded Word
Encouraging ERGs to “advocate” on behalf of members can quickly look like representation. If that includes submitting proposals to HR, you’ve got a legal problem brewing. -
Yes, Even Safety Committees
It’s not just ERGs—any employee group that starts looking like it’s negotiating can be classified as a labor organization under the NLRA. -
What Happens If You Cross the Line?
At best: the group is disbanded and stripped of support. At worst: you’re staring down a union recognition order for violating the Act. -
Frontline Workers + ERGs = Extra Caution
When unions are present—or trying to organize—employers need to be especially careful about how ERGs operate and what they’re empowered to do.
Why This Matters
Most HR pros and DEI leaders don’t get this level of training on labor law—but they’re managing programs that walk the tightrope every day. The goal isn’t to kill ERGs. It’s to run them smarter, with legal clarity and strategic alignment.
Bonus: The LeaderShift Playbook
Phil also plugged his new book, The LeaderShift Playbook, which explores how better leadership can help companies build workplaces where people feel heard—without needing a third-party rep. Get your copy (and a free chapter) at YourLeaderShift.com.
INK Take:
If your ERGs are “pushing policy” or “acting as employee voice,” pump the brakes and review your structure. This conversation is a masterclass in how to protect your ERG program—and your company—while still supporting culture, inclusion, and belonging.
📌 Watch now → https://www.youtube.com/watch?v=antCrVUpu8k
