nlc national labor consultants copyright 2012 confidential & proprietary

N AT I O N A L L A B O R C O N S U LTA N T S

- Registered Nurse with a BA from Lehigh University, a BSN from Jacksonville University, and a MS in Healthcare Administration.

- Keith has a background in emergency and critical care nursing.

- Keith had joined the New York State Nurses Association with the hopes of improving the nursing profession through collective bargaining.

- Mr. Peraino spent years directing extensive organizing campaigns working with NYSNA, UAN, CNA, IBT, and the SEIU.

- He has extensive campaign experience and was a senior human resources offi cial for the largest healthcare system in New Jersey.

- Keith’s experience with the union, organizing, negotiating, strike coordinating, and handling contract administration and arbitrations has provided rare insight into the methodology currently employed the nation’s largest healthcare unions.

Presenter: Keith Peraino

WHY DO YOU WORK HERE?

List positives about your company

WHO IS IMPORTANT?

Who is the most important person in administration and

management?

AT WILL EMPLOYMENT

What does this mean?

RIGHT/NON RIGHT TO WORK STATE

WHAT DOES THIS MEAN AND HOW DO UNIONS USE IT FOR THEIR ADVANTAGE?

CONFESSIONS…

EXPECT THE UNEXPECTED…

THIS IS WHAT AN ORGANIZER IS REALLY

DOING…

TO WIN A CAMPAIGN!

KNOW THE REAL ORGANIZER

- Organizers give the illusion that workers will have a “voice”

- The union campaign becomes the battleground

- An organizer does whatever it takes to win hope.

- Organizers win by building trust with the workers

- The trust is often “false” trustI would never promise to get better

benefits. I would promise to negotiate better benefits.

- Organizers are trained to key in on personal issues and create company issues

KNOW THE REAL ORGANIZER

- Organizers know what neighborhoods target workers (and management) lives in.

- Organizers get into the minds of the workers, and not just the staff, but management as well.

- Organizers know about their families, their spouses, their children, who they were friends with. The purpose: to learn what emotional issues can be raised

and what intimidation tactics will work effectively.

- Organizers know everything about you before you know they are there (If they are any good!)

FEAR AND INTIMIDATION

- Unions still use fear and intimidation tactics- They want you to know they are there- Hanging out outside your facility, pro-

company employee hangouts, pro-company employee homes, management homes

- Turning employees against other employees- Turning employees against management

(and vice versa)- Turning public against management- They have two goals:

Strike fear in non-union supportersForce management into making mistakes

(Emotional)

SAMPLES OF UNION CAMPAIGN MANUAL

Sample language includes:1. “Follow supervisors instructions to the letter even when you

know those instructions are wrong or the supervisor has mistakenly left out key steps.”

2. “In some case s you may be able to persuade the customers not to do business with the employer because the employer is not being fair to the workers.”

3. “Management will try to describe the strike as being called by “the union”, local offi cers, “ a small group of hotheads”, or the International union. Going the extra mile to make sure everyone feels they had the chance to vote may help insure that this charge doesn’t ring true.”

4. “…a number of stronger pressure tactics are possible, short of a full scale strike. For example, workers might stop work for a brief “unity break” a minute, fi ve minutes, an hour – which is calculated to be long enough to prove a point to management and the members themselves, but short enough not to provoke employer retaliation.”

SAMPLES OF UNION CAMPAIGN MANUAL

5. PAGE 19 OF THE SEIU CONTRACT CAMPAIGN MANUAL…the SEIU explains that YOU should threaten to strike and walk out. They also state that during a strike an employee lockout is a good thing because the employee can apply for FOOD STAMPS!!!!

6. During a strike, strike benefits, if any, are not automatic. Some campaign manuals state that an employee must exhaust all bank accounts, investments, friends and family, before they are eligible. Oh and they forgot to mention, with every union, even when you are on strike, the employee still has to pay dues.

CYCLE OF FEAR

Vindicator

Victim

Vulture

WHAT DOES THE UNION WANT

1. UNION SECURITY CLAUSE(Right to work versus non- right to work state)

2. DUES DEDUCTION

SILENCE MEANS ACTIVITY

Union becomes silent as they build

relationships.

Union searches for

representatives from

every unit

Union tries to earn trust, and become the “go to” people

for answers

When there is activity from

union, it’s usually too late and a

petition for election follows shortly

REAL STORIES IN FIRST CONTRACTS AND

ORGANIZING

- Swiping stethoscopes from the ER- NICU blowing of the air gun- CT Scan and MRI Equipment- Workers Compensation Cases - Sexual harassment claims- Unfair Labor Practices-Dumpster Diving-Meet the Neighbor Day

REAL STORIES

Cardboard coffi ns or gravestones symbolizing “the death of workplace justice.”

Greeting cards or petitions signed by employees for management.

A skeleton symbolizing a “bare bones” benefits package.

A block of ice to protest wage freezes.Bags of dirt left outside the offi ce of the

CEO who treats his employees “like dirt.”Police crime scene tape wrapped around an

area where an outrageous off ense against workers has taken place.

Bring in mass numbers of organizers to organize small groups of employees to

show power in numbers.

WHO WANTS THE UNION

WHY DO EMPLOYEES WANT A UNION?

WHAT TYPE OF EMPLOYEE OF LEADS THE

ORGANIZING MOVEMENT?

TYPES OF EMPLOYEES

“Can’t be slackers; do your job consistently and do it well. Don’t make yourself an easy target for management. Fellow workers will respect you more.”“Look for people who are responsible and not disciplined. People- including management- are more likely to listen to these workers. These workers portray real problems and it is harder for management to retaliate against them.

PERCEPTION IS REALITY

WHY MY EMPLOYEES?

WHY EMPLOYEES SEEK UNIONS

Employees feel they lack job security because: Management condoned arbitrary separations. Management failed to have proper documentation

before taking action and the result was an upset former employee and, even more serious, an upset organization.

Management was just “too busy” to listen. Management “too busy” to investigate and obtain

answers. Management was not following a consistent

promotion-from-within policy – no considerations given to seniority.

Management showed favoritism.

Wage program deficiencies: Management not keeping consistently

abreast of competitive wages in the area for like work.

Failure to review salary schedules and make salary adjustments when necessary.

Failure to inform employee of new wage rate when salary increase is given.

Erratic, short hour schedules. Exceptions to the normal schedule not fully documented on employees’ records. Flexing Down.

Employees fail to understand organization benefits or policies: Employees not provided with the

necessary information to fully understand how to use the benefit program. Although our organization provides an excellent benefit package – most of this eff ort goes without credit when employees do not understand and utilize that which is rightfully theirs.

Employees have not received updated Employee Handbooks. What language is the handbook in?

Supervision deficiencies: Inconsistent standards – favoritism.Job duties not defi ned.Failure to recognize individual achievement.Failure to treat employees with respect.Failure to properly orient new employees.Failure to conduct “Employee Annual Review.”Lack of uniform rules and regulations, or if

established, not made known.

Employees feel ignored: Changes made without employees being

informed or consulted. Employees’ suggestions not given consideration. Employees don’t have a say on the things that

aff ect their jobs. Employees have a feeling of “not belonging.” Employees see no apparent advancement

opportunities. Favoritism shown in promotions. Inconsistent administration of policies and

regulations.

Poor working conditions: Dirty lounges, inoperative restroom facilities, lack of

restroom supplies. Improper ventilation and temperature. Lack of proper equipment and supplies. Unreasonable delay at exit fl oor after punching time card. Skipping Meals and Breaks Employees feel uninformed about organization plans,

progress and growth: Lack of information on new equipment and procedures

(electronic registers, etc.). Not advised of profi ts, fi nances, products and future.

METHODS TO REACH WORKERS

-Survey (in person or mail)

-Local Shops, Churches

-Hanging around the cafeteria

-Personal Salting

-Home Visits

SALTING THE WORKFORCE

• Salting – implanting pro-union “moles” into an organization for information and support

• At one time we had up to 50 salts in one company working in virtually all departments including Human Resources, Executive Assistants and a Vice President.

• Salts would deliver a pro-union message, get vital information and report EVERYTHING back to me

• No information was too private• Org Charts• Personnel Files• Site Diagrams• Policies & Procedures• Security Schedules and Routes• Financial Statements• Personal Information

TURNING TRASH TO GOLD

Bags of trash is brought back to the “war room” for investigation Bank statements Time sheets Memos Social Security Numbers

Dangerous material = Organizers GOLD MINE! Letters to mistress, photos, damaging emails In one instance letters were found and mailed to:

Community Leaders Board Members Employees Wife

Easy win… If he can’t be “trusted” by his wife, why should the workers trust him!

OBTAINING SIGNATURES

The law may require 30% but most organizers won’t touch a campaign until 65-70% is inevitable

Organizers do “swindle” signaturesSign in sheets for meetings

Name/Address/Phone NumberIntimidation

If someone said “no”, I knew where to park my car the next night

Employee surveysQuestions crafted to get signatures

SACRIFICING FOR THE “GREATER GOOD”

A good organizer knows that he must sacrifi ce employees to create issues. If an employee knows the “right” answer at a public meeting, he

may be accused of working with management and thrown out If an employee is seen after work hours with a manager, the

union will make an example of him/her If an employee makes anti-union statements he will face

consequences If an internal organizing team member is not doing what he/she

is asked to do, they are singled out. Organizers do this to create emotion, create issues and force

the workers to “fi ght their own fi ght”. In my organizing days:

I caused lifelong friendships to be fractured I caused 20 year employees to lose their jobs (voluntarily and

involuntarily) I caused several divorces

Did I care? At the time this was my job… I only cared about WINNING!

WHY UNIONS ARE A BAD IDEA

Loss of management rightsUnion interference..Stewards, union rights

“Us vs. them” mentalityLOSS OF PROFITSLoss of productivity (management and workers alike)

Legal battles such as Arbitrations etc.

Strikes/job actions

UNION MEMBERSHIP TODAY IS LESS THAN 7.4% OF THE PRIVATE WORKFORCE. AT THE HEIGHT OF ORGANIZED

LABOR, UNION MEMBERSHIP WAS ABOUT 37%.

-THERE IS A RESERVOIR OF BETWEEN 10 MILLION AND 12 MILLION POTENTIALLY ORGANIZABLE WORKERS WHOSE

ANTICIPATED DUES AMOUNT TO PERHAPS AS MUCH AS 5 BILLION DOLLARS.

-EASY ACCESS TO PUBLIC AND TO PUBLIC AREAS (I.E. , CAFETERIA, LOBBY, COMMONS AREAS).

-LARGE CONCENTRATION OF NON-UNION EMPLOYEES IN HEALTHCARE AND NON HEALTHCARE.

-UNIONS ARE LOSING MEMBERSHIP IN TRADITIONALLY UNIONIZED INDUSTRIES (MFG, TEXTILES, STEEL, ETC.).

Why are Unions becoming more active?

WHAT YOU CAN DO

Preventative measuresManagement trainingKnow your workforce (the union does)

Improve “soft skills”CommunicationListen (the union will)Educate (inoculate)Inform

PROGRAMS AND EDUCATION

Union vulnerability assessmentOne on One employee satisfaction survey

Shared governanceNLRA trainingPolicy and Procedure manual reviewHuman resource consultingWorksite assessmentEmployee relations improvement programs

QUESTIONS &

ANSWERS

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