Most commonly, this argument relates to the employer's progressive discipline system. Also, a number of courts have held that, even if the handbook includes a disclaimer, employees may be able to rely, in certain circumstances, on definitive policy statements set forth in the handbook. In some jurisdictions, courts apply a detrimental reliance theory. In other jurisdictions, the theory is an implied duty of good faith and fair dealing. While it is critical for employees to understand that the handbook is not a contract, supervisors need to be taught the importance of treating the handbook as though it were a contract.
Most employers are loath to include union-free statements in their employee handbooks.
There are two principal reasons for this reluctance. First, some employers assume that the policy will bring about the unionization it is designed to avoid. Second, some fear for the legality of the policy. The first fear is entirely unfounded. Discussing unionization with employees is no more likely to bring about unionization than is sex education in high school to create impulses in teenagers that they don't have already.