That's not just awkward; it's dangerous for an employer. But the employer isn't without remedies. They just have to exercise them with care.
Under the NLRA, supervisors aren't covered “employees” and have zero legal protection to engage in union activity. You can discipline or terminate them for it, as long as you're not punishing rank-and-file employees in the process. The law sees them as management. When they cross the line, they're not "organizing," they're undermining the company from inside the chain of command.
These supervisors should have known better. And while I don't know what happened inside this company, it does suggest a lack of training by management. Here is what happens when you don't train your supervisors on organizing issues:
They don't know where the legal lines are.
They think they can take sides without consequence.
They give credibility to the union by blurring the management/employee divide.
They broadcast your internal drama to the public and the press.
So how do you fix this (and avoid any headlines):
☕ Vet your supervisors. If they have actual hire/fire/discipline discretion and authority, the NLRA does not protect them and holds you accountable for their actions. Know the difference.
☕ Train early, train often. Every supervisor should know their obligations in a union campaign before it starts. These obligations include avoiding TRIPS (threats, retaliation, interrogation, promises, and surveillance).
☕ Shut down mixed messaging. Supervisors speak for the company. Make sure they're not violating the law or fueling the union's narrative.
☕ Discipline smart. Document it like your lawyer's reading over your shoulder (because they will be). Even though you can legally fire here, assume it will become public and that the union will use it to fuel its campaign.
☕ Address the underlying issues. If your own managers are siding with the union, your workplace problems are bigger than a contract fight.
A rogue supervisor in a union campaign isn't "just another barista." They're the grounds for a much bigger problem. Train your people now, or get ready for a mess later.