(HR Report) Six Steps to Staying

8/7/2019 (HR Report) Six Steps to Staying

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Six Steps to Staying

Union-Free

Special Report

Understanding what unions are doing to reverse their ortunes will

help companies lawully resist the well-fnanced and fnely tuned

eorts o unions dedicated to organizing the workorce.


2/9

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Six Steps to Staying Union-Freeis published by Thompson Publishing

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Author: Larry W. Bridgesmith

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Six Steps to Staying Union-Free 1

Six Steps to Staying Union-FreeBy Larry W. Bridgesmith

News accounts o the AFL-CIO schism o the summer o 2005 caught the atten-

tion o employers across the country. Some have taken solace in the departure o the

Service Employees International Union (SEIU) and the International Brotherhood oTeamsters (Teamsters) rom the old o their union brothers and sisters. Other unions

that have since joined the Change to Win Coalition include UNITE HERE, the

Laborers and Carpenters unions as well as the United Food and Commercial Workers

(UFCW).

For service and health care employers such as hotels, restaurants, hospitals, medi-

cal care acilities and nursing homes, no comort can be taken in these developments.

To the contrary, signs o aggressive organizational activities are already being seen

by these unions who have demonstrated their interest in and ability to organize the

service industries.

The departure by SEIU and Teamster unions rom the AFL-CIO was driven inlarge part by an ideological divide between these two unions and many others over

the degree to which organizing employees is a better solution than political activity

to the unions well-publicized decline. UNITE HERE, SEIU and the Teamsters have

shown greater capacity to win the campaign or the hearts and minds o employees

than most other unions. Nowhere is that more apparent than in the white-collar and

pink-collar jobs.

Not surprisingly, the two unions that have grown their membership rosters

more than others are the SEIU and Teamsters. In particular, the SEIU has shown

signicant sophistication in organizing the health care industry. In one recent

year, the SEIU grew by almost 200,000 members largely through its healthcare organizing initiative. Virtually all major metropolitan areas have SEIU and

Teamster organizers working ull time to develop relationships and in-house orga-

nizer candidates to help bring the unorganized workorce into union membership.

Now with the expense o AFL-CIO nancial support and jurisdictional limitations

lited, these unions are visibly on the move with unorganized companies in their

sights. With the recent addition o UNITE HERE ocused on hotel and restaurant

workers, the estimated increase in revenues retained by these disaliated unions

totals at least $30 million. The newly ormed Coalition or Change is well unded

and ocused on the commitment to organize the unorganized.

Rather than reducing the amount o union organizing, the disaliation movement

will serve to increase competition or employee sympathies by unions admittedly

desperate or increased membership.

Larry W. Bridgesmith, a member of Nashville-based Waller Lansden Dortch & Davis,

PLLC, focuses his practice on union relations, labor agreement negotiation, alternative

dispute resolution and strategic approaches to employee relations. He may be reached at

[email protected].


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2 Six Steps to Staying Union-Free

Union Tactics

The stage is set or massive eorts by these and other unions to compete or the

membership interests o this nations unorganized employees. In this climate, em-

ployers can expect many o the ollowing eorts to accompany this renewed and

heavily nanced drive or new union members.

Corporate Campaigns

Unions have demonstrated a propensity to use the media and government agencies,

as well as civic and religious institutions, to put public pressure on employers to drop

resistance to union organizational eorts. Charges led with regulatory agencies,

media reports concerning poor employee relations and rallies accompanied by local

religious leaders are common in the typical corporate campaign. Publicly traded com-

panies also are subject to shareholder initiatives that challenge management direction

and undercut the ability to resist the union public relations blitz.

Telephone Surveys

Unions have successully used polling techniques to gain inormation on localemployers and gauge employee support or union organizing. Posing as political poll-

sters, union organizers will call employees at home and pose a series o sophisticated

human interest questions with the purpose o erreting out employers ripe or orga-

nizing and employees willing to assist. This target assessment device will objectively

provide unions with a numerical score to indicate the likelihood o organizing success

with a particular employer beore the union is even identied or goes public with its

intentions. Among the issues explored in the survey is the degree to which a specic

employer is on record as being opposed to unionization

and regularly articulates its reasons or that position.

Employers who regularly express their reasons or re-

maining union ree are ar less likely to be organized

and unions choose their targets accordingly.

Grassroots Organizing

Beore employee organizing takes place, many

unions work or long periods o time developing rela-

tionships with local civic leaders and politicians to build

credibility and a power base rom which to operate in

the event a union membership campaign is resisted by a local employer. When an

employer caught unawares attempts to oppose the unions organizing eorts, the lo-

cal civic leaders can be counted on to exert subtle and not-so-subtle pressure. Thoseemployers best situated to remain union ree are those that have become vital com-

munity citizens and who have made their contributions to the communitys well being

long beore the union attempts to taint their reputation among local leaders. Isolation

in local communities leaves employers susceptible to public relations campaigns by

unions with opinion shapers who can raise the public prole o a recalcitrant employ-

er accused o insensitivity to the needs o the citizens who work there.

Change to Win Holds Founding Convention

Change to Win held its ounding convention on Sept. 27,2005. At that convention, delegates ratifed a constitution

and structure, and passed resolutions on organizing,

diversity and politics. Anna Burger was ofcially designated

as ederation chair, the frst time a woman has headed a

labor ederation. The ederation estimates that collective

bargaining expenditures o its afliates and Change to Win

at all levels will approach $750 million per year. To learn

more, go to www.changetowin.org.


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Neutrality Agreements

I enough public pressure can be exerted, unions will seek to extract rom employ-

ers ormal agreements by which the unions are permitted to organize employees with-

out resistance. Far less than neutral, these agreements seek to hinder the employers

ability to get its story out. They typically require the employer to provide employee

contact inormation to the union organizers and open company premises to union

organizer activity. They will require recognition on the basis o card checks and

eliminate NLRB supervision o the process. The legality o these agreements is be-

ing litigated beore the NLRB currently, but hundreds o employers have signed such

agreements to avoid the public pressure o Corporate Campaigns. Many unions like

UNITE HERE disavow NLRB election proceedings in avor o the more political ap-

proach o Corporate Campaigns with the purpose o achieving neutrality agreements

with employers rather than be subjected to NLRB election oversight.

Under-the-radar Organizing

Unions organize best when they can work without detection. Blitz-style organiz-

ing is oten utilized by successul unions through which a large number o union andemployee organizers skilled in these techniques blanket a workorce at home over a

weekend or a ew days time and authorization cards are signed (oten or no reason

other than or getting them o my back) by a majority o the employees. Without

orewarning, the employer has no opportunity to inorm employees about the truth o

authorization cards and the consequences o signing them. With as ew as 30 percent

o employees signing such cards, a union can demand recognition and initiate the

NLRB election procedures. However, most unions will only do so ater 60 or more

percent o the employees have signed up. From the date a petition is led with the

NLRB, an election will typically be held within 45 days. Alternatively, under the neu-

trality agreement approach, recognition is automatic once a majority o employees

have signed authorization cards.

Six Steps To Maintain Union-free Status

Obviously, time is o the essence once a union targets an employer or organizing.

There is oten insucient time to turn an engineered deeat into victory. Whether

by card check or NLRB election, employers caught o guard are ill prepared to per-

suade employees o the alternatives to union organization. The organizing techniques

outlined above are remarkably successul in achieving representational status by ag-

gressive unions. Almost 60 percent o NLRB supervised elections are now won by

unions. The SEIU in particular enjoys better than 70 percent success in its election

eorts.

Employers and employees must be orewarned in order to be orearmed and

able to make inormed decisions about unionization. Waiting until the union

makes its presence known to ormulate a response is oten too late or unwary

employers. Among the steps proactive employers take in preparing or the potential

o a union organizing eort, most are put in place long beore the union seeks to tar-

get the employer or a campaign. Essential employer protection initiatives include the

ollowing.


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Six Steps to Staying Union-Free

Step 1: Identiy Critical Supervisory Personnel

It should seem sel evident, but without knowing who the supervisors and manag-

ers are, employers are at risk o a unions successul organizational eort. Not all

who wear the title supervisor are in act supervisory. Likewise, many employees

exercise supervisory authority without the title. The labor laws prohibit union organi-

zation by and among supervisors and impose very specic rules on supervisory con-

duct. Many elections are lost or unair labor practices are committed by supervisors

who ollow their instincts and violate any o the countless counter-intuitive NLRB

election rules. Knowing who is on the team enables the employer to train these es-

sential people in the technicalities o union organization and how to prevent it legally.

Equally importantly, trained supervisors and managers communicate a consistent and

trustworthy message o the reasons or union-ree status in a ashion that makes the

likelihood o ever undergoing union organizational eorts ar less likely.

Step 2: Proper Training

The supervisory and management team periodically must be reminded o the

rules o the game. At least annually, proactive employers educate managers and su-pervisors on the latest trends in union organizing and how employers can lawully

maintain their union-ree status. Union prevention is simply good management in

action. Employees and employers alike benet rom a trained supervisory workorce.

Mock union campaigns are the best way to immerse supervisors and managers in

the intricacies and nuances o campaign strategies and conduct. The intricacies and

techniques o lawul supervisory conduct can be learned in the pressure cooker o

a simulated union campaign conduct over a ew days training program in ways that

are never orgotten and oten only learned on the job when a union organization

eort begins. Equally important, employers should regularly educate their non-su-

pervisory employees on the value o remaining union ree and the reasons the em-

ployer promotes that status.

Step 3: Review and Revise Policy

How employers control access to working areas is a matter o medical, business,

as well as union organizational importance. Without clearly dened and consis-

tently applied rules on solicitation and distribution, employers can unwittingly open

themselves up to unrestricted union access to their workplaces. Knowing when and

where non-work related verbal solicitation and literature distribution restrictions

can be enorced is critical to productivity, saety and customer relations. Policies

controlling such conduct cannot be devised ater union activity begins without legal

complications. Similarly, promotion, transer and overtime policies can be causes oemployee unrest and suspicion o avoritism i viewed as inconsistent or unair in

operation. Prepared employers make sure that policies exist to meet business needs as

well as reasonable employee expectations and are actually complied with and applied

consistently.


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Step 4: Survey Employees

No less requently than every two years, an employer intent on maintaining its

union-ree status should have condential interviews conducted with its supervisors

to help identiy employee irritants that give rise to union sympathies. Unaddressed

employee grievances are the most requent cause o union organization. Unions will

promote their value on the basis o giving employees a voice in the matters that aect

them in the workplace. Employers who recognize and address employee concerns on

a regular basis remove the unions strongest organizing tool. Employees who trust the

value o their voice in the conduct o their employers workplace practices are ar less

likely to look outside or assistance in being heard.

Step 5: Seek Compensation and Benefts Parity

Very ew companies are organized on the basis o pay inequity alone. Most em-

ployers understand the need to pay competitive wages and benets. Appropriate

levels o pay and benets are unique to a particular industry and geographic locale.

However, the employers ailure to understand and be able to explain the reasons or

employee wage and benet levels may lead to perceptions o disinterest on the parto disenchanted employees. Non-competitive wages and benets are the key to costly

retention issues as well as potential union organizing eorts. Proactive employers

will conduct periodic wage and benet surveys, conorm their pay practices to their

industry and explain to employees the market orces that compel the compensation

practices o that workplace. Employees who are well inormed about the relevant

actors that comprise competitive wage and benet packages are unlikely to believe

union campaign promises o signicant wage increases.

Step 6: Maintain an Aggressive Dispute Resolution System

Most successul union campaigns are driven by unresolved employee concerns.

Proactive employers understand the value o fushing out employee grievances

eectively and promptly. The standard open door policy rarely works well be-

cause most employees distrust the pay back potential o back channel reprisal

to employees who have circumvented the chain o command. Employers who

maintain a high level commitment to confict management will impose ormal dispute

resolution systems ranging rom peer review to ombudsmen or HR hotlines intended

to solicit employee grievances and address them promptly. Training o supervision in

confict management principles will assist in the maintenance o a workplace that is

more productive and less susceptible to the costs o unresolved confict such as litiga-

tion and unionization. It will be too late to alter the status or eectiveness o dispute

resolution procedures ater the union shows up. The law prohibits the employer romsoliciting employee grievances and resolving them once a union organizing campaign

begins.


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6 Six Steps to Staying Union-Free

Conclusion

Employers intent on maintaining maximum protection rom potential union orga-

nizing eorts will not adopt an ostrich posture in hopes that they will never have

to deal with the unpleasantness o a union campaign. Proactive employers intent on

maintaining union-ree status will create an internal union-ree task orce to educate

the management team about todays organizing climate. Understanding the steps

unions are taking to reverse their ortunes will help companies lawully resist the well

nanced and nely tuned eorts o the Coalition or Change and other unions dedi-

cated to organizing the workorce.


9/9

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