2017 union awareness for a modern workforce

Union Awareness TrainingFor a Modern Workforce

Presented by Matt Austin

17 South High Street, Suite 810, Columbus, Ohio 43215 | P: 614.843.3041

Landscape of Unionization Today



After making millions of phone calls and knocking on millions of doors to elect Barack Obama, the nation’s labor unions have begun a new campaign to get the new president and Congress to pass legislation that would make it easier for workers to unionize.

New York Times, November 8, 2008

Unions are Down But Not Out



Tech Savvy

Social Media

1. Removes Logistical Obstacles

2. Provides for “targeted” and accessible messaging

3. Language of youth and women

Unions are Poised to Make a Comeback



Quickie “Ambush” ElectionsDramatically Decreased Campaign Period

Pre-Election Hearings

Disclosure of Private Email & Phone Numbers

Unions are Poised to Make a Comeback



Micro Units

Cashier Produce Refrigerated / FrozenDeli Florist Meat CuttersStock Room Pharmacy Front OfficeBakery Non-Food

UFCW Local 880



2013 2012 2011 2010Members 20,892 20,913 20,758 20,786Dues $40 $36 $36 $36Fees $50 $50 $35 $50B. Caruso $117k $113k $104k $101kCavs Tix ~ $35,000Indians Tix ~ $65,000Democrats ~ $90,000AFYRC $5,000 (Am. Friends of Yitzhak Rabin Center)

ABC’s of the NLRA



Current Policy of the United StatesTo promote unionizationTo promote collective bargainingTo protect the rights of workers who engage in or refrain from engaging in union activity

Section 7 RightsSection 8(a) Unfair Labor Practices

Disadvantages of a Union



For Supervisors

Restricted Flexibility Dealing with a Third Party

Second Guessing Strikes

Bargaining unit may not match organization

Disadvantages of a Union



For Employees

Empty Promises Strikes and Dues

Individual Job Freedom Union Security Clauses

Potential Union Leaders

Collective Bargaining Can be Risky

How Does a Union Organize a Company



Authorization CardsDemand for RecognitionFile Petition with NLRBSecret Ballot ElectionCard Check

Authorization Cards



What are Authorization CardsWhat Can a Union Say to Get Cards SignedHow Can Unions use Authorization CardsWhen an Employee Signs a Card, What is He Agreeing ToCan Employees Revoke their Signed Card

How Managers Should Respond to a Card Signing Campaign



Talk to Employees

Employees Must Read Understand What They Sign• May Automatically Become Union Member

• Controlled by Union Rules and Regulations

• Pay Initiation Fees and Monthly Dues

• Giving Away Right to Discuss Your Job

• Obligated to Go Out on Strike

Anatomy of a Union Campaign



Union Organizing TechniquesLook for Union SympathizersAttempt to Find Weaknesses with an OrganizationFind Someone on the Inside to Distribute Authorization CardsArgue to Employees:

Strength in Numbers Company is Anti-EmployeeProfessional Negotiators Access to Legal Counsel

Promises, Promises, Promises




Signs to Watch ForEmployees form groups and spend time in discussionKid in a cookie jar when approached by supervisorsPeople who previously did not fraternize now hang out togetherEmployees change the way they deal with managersVendors and subcontractors start communicating with employeesComplaints made by a delegation instead of individuallyWild rumors start to circulate




Signs to Watch For - ContinuedBulletin board postings with humorous hostility toward companyEmployees use technical “labor relations” wordsExit interviews reflect a discontent workforceEmployees seen making list of employees’ contact informationUnion buttons, emails, and other viable signs of supportJob applicants either way under or over qualifiedWork to rule

TIPS



Union Organizers Try to Get Companies to Violate TIPS

ThreatenInterrogate

PromiseSurveillance

EXAMPLES OF VIOLATING TIPS



• Attend any union meetings, park across the street from the union hall to see which employees enter the hall, or engage in any undercover activity that would indicate the employees are being kept under surveillance to determine who is and who is not participating in the union program

• Grant employees wage increases or special concessions in order to keep the union out

• Threaten to move or close the facility, curtail operations, reduce employee benefits if employees vote in a union

• Ask employees how they intend to vote

EXAMPLES OF VIOLATING TIPS



• Ask employees about union matters, meetings, etc. Some employees may, on their own, walk up and tell you about such matters. It is not an unfair labor practice to listen, but you cannot ask questions to obtain additional information

•Announce that the company will not deal with the union• Say unionization will force the company to lay off employees, take

away vacations or other benefits and privileges presently enjoyed•Threaten a union member through a third party

Anatomy of an Anti-Union Campaign



Managers are in the Best Position to Avoid Unionization• Hiring Process• Remove Poor Performers• Ensure continuing courtesy, respect, and fair consideration• Attempt to motivate employees• Listen and understand employees’ concerns before making

decisions or reacting• Communicate to employees honestly

Anatomy of an Anti-Union Campaign



Managers are in the Best Position to Avoid Unionization• Increase face time with employees• One on one communications are the key to persuasion• Avoid handing out nasty surprises in work schedules, time off, work

assignments, or overtime• Refrain from making or implying promises that are not kept• Ensure that employees know they are valued• Effectively coach and counsel employees• Be consistent – do not have favorites

FACTS / OPINIONS / EXAMPLES



Supervisors are allowed to:• Discuss union facts with employees• Give their opinion about unionization• Discuss the company’s opinion about unions• Give examples of a union’s effect on other

companies

Examples of Permissible FOE



Inform employees:• signing of an authorization card does not mean they must vote for the union

if there is an election• disadvantages of belonging to the union, such as the possibility of strikes,

serving on a picket line, dues, fines, assessments• any prior experience you have had with unions and whatever you know

about the union officials trying to organize them • you prefer to deal with them rather than have the union or any other outsider

settle employee grievances• what you think about unions and about union policies• from time to time of the benefits they presently enjoy




Inform employees:• the law permits you to hire a new employee to replace any employee who

goes on strike for economic reasons• how their wages and benefits compare with unionized or non-unionized

companies, where wages are lower and benefits less desirable• of any untrue or misleading statements made by the organizer. You may

give employees the correct facts• of known racketeering, socialist, or other undesirable elements which may

be active in the union• that no union can obtain more than the employer can give




Supervisors May• Give opinions on unions and union leaders, even in derogatory

terms• Reply to union attacks on Company policies or practices• Advise employees of their legal rights, provided that employer

does not encourage or finance an employee suit or proceeding• Tell employees you do not like to deal with unions• Distribute information about unions

BONUS EXAMPLES



Managers may keep outside organizers from conducting union business on Company premises. Company premises consists of all property owned or leased by the facility, the parking lot, and any adjoining property. When an outside union organizer solicits on Company property, he is trespassing and can be removed.

Managers may insist that any solicitation of membership or discussion of union affairs be conducted outside of one’s working time.

ASSESSING EMPLOYER RISKS



Uninformed Employees Don’t Know:1. Employer’s position on unions2. Cons of union representation3. Risks of signing a union authorization

card




Uninformed Supervisors Don’t Know:1. Employer’s position on unions2. Employer’s expectations of them3. Legal boundaries of what to say

and do4. Cons of unionization




Not Knowing What Employees Really Think About:

1. The supervisors and management2. Working Conditions3. Wage & Benefits




Poor Communications with Employees:1. Non-Existent2. Inconsistent3. Ineffective4. Legally vulnerable




Poor Applicant Screening and Hiring:1. Ineffective; Steep Learning Curve2. Increased burden on supervisors3. Salts




Organizational Structure:1. Single v. Multi-Location2. Remote or Isolated Operations3. Forgotten Employee Groups

What To Do Now



1. Determine Who is a Section 2(11) SupervisoR2. Train Supervisors and Managers3. Interview Supervisors (use an outsider)4. Meet with Employees5. Determine Where You Are Vulnerable6. Gather Information7. Identify Spokespeople8. Have a “Campaign in a Box”9. Make Sure You Have the Necessary Policies / Programs

What To Do Now



Gather Information• Websites and Local Media• Assign someone to gather regularly• Google Alerts / ULPs• Evaluate Strikes• Union Corruption• Bargaining Information• Know What a Union Card Says

Long Term Strategies



•Hiring / Salts•Orientation•Employee Involvement Programs•Make Sure Your Policies / Procedures are Bulletproof

QUESTIONS AND ANSWERS



Our company currently accepts job applications (completed at our office) all the time. Is there any reason to accept job applications on a restricted basis? For example, only accept job applications on the third Tuesday of each month? Should we only accept job applications from 9:00 am until 11:00 am?




How do you improve your hiring process when most of your workers are temporary-hire?




When a union is trying to make your company look bad in the papers, should these things be rebutted to your internal employees?




Can you terminate an employee for falsifying his application if he applies for employment and does not disclose his or her employment with the union?




Employee Bill asks to speak with you one afternoon and reports that a fellow employee approached him and asked him to sign a union authorization card. Your response should be:




Upon arriving to work one morning, you see a group of employees and non-employees distributing literature to employees arriving for work. Your response should be:




While engaging in a counseling session, employee Mary says to you, “see this is why we need a union here.” Your response should be:




Employee Susan confides in you that a union is conducting an offsite meeting for all employees next Saturday. Susan suggests that you attend to hear exactly what the union is saying and monitor how much employee interest exists. Your responses should be:




Employee Ed mentions in passing that a union representative has contacted him at home about some specific work related issues and wants to see if he’s interested in signing an authorization card. Your response should be:




Upon entering the cafeteria / break room, one afternoon, you notice some union literature has been left on one of the cafeteria tables. Your response should be:




While strolling through the office one afternoon, your notice a piece of union literature at employee Stan’s workstation. Your response should be:




You notice one day that someone has posted, without prior authorization of management or human resources, union literature on a workplace wall or bulletin board. Your response should be:



QUESTIONS?

Union Awareness TrainingFor a Modern Workforce



2017 union awareness for a modern workforce

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