Responding to Union Organizing Training for Supervisors

©SHRM Introduction For the past several decades, union organizing campaign efforts and union membership have decreased. Recently, however, with the introduction of pro-union legislation in Congress, namely the Employee Free Choice Act, and with increased efforts of unions to target non-manufacturing employers, specifically those in the service industry, union organizing efforts are on the rise. It is now increasingly important for employers to recognize and respond to union organizing in their workplace. This sample presentation is intended for presentation to supervisors and other individuals who manage employees. It is designed to be presented by an individual who is knowledgeable in labor relations and specifically in union organizing issues and union avoidance. This is a sample presentation that must be customized to match the employer’s own culture, policies and practices as well as state labor relations laws.

©SHRM Objectives At the close of this session, you will be able to: Describe the tactics and steps union organizers use. List reasons employees consider unionizing. Cite signs of union organizing. List steps management uses to combat the union effort. List Do’s and Don’ts for management involved in union campaigns.

©SHRM Union Organizing Tactics In order to recognize the signs of and respond to union organizing, managers need to know the tactics used and steps followed by union organizers. A local or national union may target a specific company and may encourage one or more of its members to seek employment at the targeted company. This is called salting. Once these “salts” start working in the targeted company, they initiate efforts to organize workers within the company. Also, employees within a company may start their own organizing campaign and seek assistance from a local or national union.

©SHRM 2008 Union Organizing Steps Steps followed by union organizers include: Gathering support and building an organizing committee. Determining who the workplace leaders are. Exploiting complaints regarding benefits, working conditions, pay, or specific management employees or practices. Compiling information about the workplace. Organizational structure – divisions, departments, work areas, jobs, shifts. Employee information – name, address, phone, shift, job title, department, social relationships, group membership (ethnic, language, hobbies, smokers). Employer information – other locations, customers, union history. 5

©SHRM Union Organizing Steps (cont’d) Meeting with employees away from work to: Agitate – Find out what employees consider problems, such as low pay, long hours, poor benefits; convince employees these are the fault of the employer, and generate an emotional agitation against the company’s management. Educate – Tell employees how other workers have dealt collectively with similar problems, citing successful union organization and bargaining. Inoculate – Prepare the workers emotionally for the company’s anti-union campaign and assure them that you know how to deal with it. Convince employees that solidarity is critical. Organize – Recruit more employees for the organizing committee, obtain commitments for assignments, and respond to any obstacles or objections employees raise.

©SHRM 2008 Union Organizing Steps (cont’d) Adopting an Issues Program. The organizing committee develops a list of union demands and a strategy for the union campaign, including how to highlight the issues. Having a majority of employees sign union authorization cards. The goal is to have a sizeable majority sign. With 50% plus one employee, the union may ask the company to recognize the union without an election. If the company refuses to recognize the union without an election, the signed cards are submitted to petition the state or federal labor board to hold an election. 7

©SHRM 2008 Union Organizing Steps (cont’d) Winning the union election. The union campaign not only continues, but is intensified. Efforts to combat the company’s anti-union campaign are also increased. To win, the union must receive a majority of the votes cast. Negotiating a contract. The union campaign continues, focused on mobilizing employees to support the union’s contract demands. 8

©SHRM 2008 Questions? Comments? 9

©SHRM 2008 Reasons Employees Consider Unionizing The following may cause employees to consider unionizing: Perception or knowledge that management does not listen to employees, acts abusively, plays favorites or does not recognize employee contributions. Furloughs, layoffs, reorganizations--all of which result in employees feeling insecure. Changes that are not explained or are explained poorly, such as reductions in benefits, cuts in pay, work schedules, and policies such as drug testing. Safety and health violations attributable to management. 10

©SHRM 2008 Signs of Union Organizing Union organizers prefer not to “go public” until they absolutely have to. Although this may make it difficult for managers to recognize the early signs of a union campaign, here are signs of possible union activity: Emergence of new opinion leaders who speak for groups of employees (new hires may be union salts). Employees who had not mixed with others suddenly congregating informally. 11

©SHRM 2008 Signs of Union Organizing (cont’d) An increase in complaints by groups of employees. Employees using union terms, and union literature being found in lunch rooms, parking lots. Employees making lists of employee names and contact information. 12

©SHRM 2008 Questions? Comments? 13

©SHRM 2008 Management Steps to Combat Union Organizing Efforts 1.Put employees on notice that the company is opposed to unionization and that it is prepared to use all lawful means to remain union-free. 2.Remind employees of the competitive pay and benefits they have and of your policy of treating all employees with respect and dignity, and having an open door for employees to discuss their ideas and concerns. 3.Address reasons you believe employees have for considering unionization. 4.Provide employees with information on the disadvantages of being represented by a union, citing union dues and having terms of employment decided in union negotiations rather than in direct talks with management. P 14

©SHRM Management Steps to Combat Union Organizing Efforts (cont’d) 4.Discuss with senior management possible reasons for the union campaign and ask what organizing activities they are aware of. 5.Engage supervisors as the first line of defense: Call a meeting of all supervisors and others who have front-line authority with labor counsel present. Make sure no borderline nonsupervisory employees, who might be able to vote in a union election, are included. Inform supervisors of the company’s position regarding the union drive and its intent to discourage employees from signing authorization cards or to vote against the union if an election is called.

©SHRM Management Steps to Combat Union Organizing Efforts (cont’d) Educate managers about unions, including union corruption and effects of strikes on employees and companies. Train supervisors and members of the senior management team on legal do’s and don’ts; instruct them to engage their employees in informal conversations regarding the company’s position, and direct them to report on organizing activities they are aware of. 6.With guidance from labor counsel, set up meetings with small groups of employees in which a senior management team member discusses the union drive and the reasons why employees do not need a union. 7.Meet regularly with all employees to discussion the company’s non-union campaign and to seek employee questions and comments.

©SHRM Questions? Comments?

©SHRM Management Do’s and Don’ts In addition to the steps management takes to combat union organization, do the following: Refuse any request by the union to have organizing or recruiting activities on your premises during paid work time unless your state has a law prohibiting this restriction. Review your non-solicitation policy regarding the use of your e- mail system and be sure you can enforce restrictions against employees using your program to send union messages.

©SHRM 2008 Management Do’s and Don’ts (cont’d) Don’t do the following: Promise benefits or pay increases to employees if they withhold support for the union. Interrogate employees about their opinions on unionization or their union activities. Threaten any action, such as disciplining an employee who engages in union organizing or closing a location or a plant if employees vote a union in. Create an impression of surveillance of union activities by members of management. Discuss any personnel policies or benefits of the company with union representatives. 19

©SHRM Questions? Comments?

©SHRM Summary Union organizers use various tactics and steps including gathering support and building the organizing committee, meeting with employees away from work, adopting an issues program and having employees sign authorization cards. Reasons employees may consider unionization include a perception or knowledge that management does not listen to employees; furloughs and layoffs; changes that are not explained well, such as reductions in benefits; and safety and health violations attributable to management.

©SHRM Summary (cont’d) Signs of union organizing are the emergence of new opinion leaders who speak for groups of employees, an increase in complaints by groups of employees, employees using union terms and union literature being found in lunch rooms and parking lots, and employees making lists of employee names and contact information. Steps management uses to combat the union efforts include letting employees know it is opposed to unionization, reminding employees of the competitive pay and benefits they have, addressing reasons it believes employees have for considering unionization, and providing information on the disadvantages of being represented by a union.

©SHRM 2008 Summary (cont’d) Employers should engage supervisors as the first line of defense in combating union organizing, and meet regularly with all employees to discussion the company’s non-union campaign. Management must not promise benefits or pay increases to employees if they withhold support for the union; interrogate employees about their opinions on unionization or their union activities; threaten any action, such as disciplining an employee who engages in union organizing or closing a location or a plant if employees vote a union in; or create an impression of surveillance of union activities by members of management., 23

©SHRM Course Evaluation Please be sure to complete and leave the evaluation sheet you received with your handouts. Thank you for your attention and interest!