Projections Inc

EFCA Now: 11 Things Employers Need To Do Next to Keep Up With the Employee Free Choice Act

On June 26, 2008, Al Franken, then-candidate for U.S. Senate stated, "One year ago today, Norm Coleman voted against making it easier for workers to organize in the workplace...On the anniversary of that awful vote, I have a message to Minnesota's working families. I'll stand up to Norm Coleman, I'll stand up to corporate interests, and I'll stand up for Minnesota workers." After a lengthy protracted recount, Franken was declared the winner of Minnesota's Senate race on June 30, allowing him to make his campaign promise a reality.

This was a critical victory in the livelihood of the Employee Free Choice Act because it gave the Democrats 60 seats in the Senate—a filibuster-proof majority. As a result, labor unions and labor supporters are working overtime to give your employees misleading information about the EFCA.

But according to HR Solutions International's recent survey of over 8,000 human resources executives, 60% of employers don't know what the Employee Free Choice Act could do. If they were aware, many were waiting to see what the legislation might become before creating a proactive strategy. But adopting this wait-and-see approach can be dangerous. Now is the time for organizations to not only communicate the truth about the EFCA, but also strengthen company-employee relationships to ensure that the company remains union-free, nimble, and productive.

What Is the EFCA?

A quick recap: the EFCA, first introduced in 2007, is legislation developed to make it easier for workers to unionize or seek union representation to resolve issues with an organization. Or, as stated in a report from the U.S. House Committee on Education and Labor, EFCA allows "employees to make their own decision about whether they want to bargain together—to advocate for fairer wages, benefits, and working conditions—without the threat or fear of harassment and retribution and fear of losing their livelihood." The bill includes a provision that mandates binding arbitration if the parties cannot reach agreement on the first contract within 90 days, and imposes harsher penalties on employers who commit unfair acts during organization drives.

The most controversial provision centers on the card-check process. This provision allows the National Labor Relations Board to certify a union if the majority of employees have signed cards. Furthermore, it takes away the employer's right to decide between the card-check process and a secret-ballot election when just one more than 50 percent of employees sign cards.

These provisions of the proposed law have many Republicans, Democrats, business owners, and even workers concerned about the future of labor-management relationships. In a press release issued by the Committee on Education and Labor, Representative John Kline (R-Minn.) stated, "It seems pretty clear to me that the only way to ensure that a worker is 'free to choose' is to ensure that there's a private ballot so that no one knows how you voted. I cannot fathom how we were about to sit here today and debate a proposal to take away a worker's democratic right to vote in a secret-ballot election and call it ‘Employee Free Choice.'" The strict guidelines of EFCA have left many Democrats searching for compromises to support workers' rights without taking away something as essential as secret-ballot voting.

According to a July 2009 Workforce Management Online article, even corporations currently using card-check, such as AT&T, Verizon, and Kaiser Permanente, are refusing to publicly support EFCA. Although the causes for this lack of support are unknown, a spokesperson for UPS, which has used card-check in the past, shed some light on the matter. Malcolm Berkley, public relations manager for UPS in Washington, stated, "We used it [card-check] in a manner that was agreed upon between UPS and the unions with which it was negotiating at the time." Berkley notes that UPS does not support the EFCA or any measure that forces card-check on employees and organizations. Instead, he states, "It's important for companies to be able to choose the tool that works best for them rather than having it mandated."

Proponents of the EFCA justify its necessity by citing statistics. Further investigation of the sources of their data was conducted by David L. Christlieb and Allan G. King, both of the Littler Mendelson, P.C., and J. Justin Welch of the Center for Union Facts and found such studies to be fundamentally flawed, producing unreliable results. The statistics used by unions to persuade politicians and sway public opinion have included:

• Pro-union workers are fired by employers in 25 percent of organizing drives.
• Pro-union workers have a one-in-five chance of being fired for legal union activities.
• One-third of unions are not able to negotiate a contract with employers.
• When faced with an organizing drive, eighty-nine percent of private-sector employers force employees to participate in closed-door meetings where anti-union propaganda is presented.

Despite the dubious nature of this data, without knowing the facts, these pieces of information can be frightening and persuasive to employees, and proactive communication is key.

Don't Wait for Legislation—Act Now!

With the EFCA looming on the horizon, organizations should start building and strengthening employee relationships now. Projections Inc., a leader in custom and "off the shelf" employee communications, suggests implementing strategies that let employees know how valuable they are to the company, as well as the potential downsides to unionization.

According to Projections, organizations should take the following 11 best practices into consideration:

• Hiring/Selection Process – Educate your HR department regarding the company's rights during the hiring process.
• First Line Supervision – Protect your managers and supervisors by creating job descriptions, relative to the RESPECT Act. Be aware, and use your awareness to maintain stability among members of your management team.
• Communication – Institute an open door policy; continue use of all proactive resources, including meetings, one-on-one discussions, video, websites, eLearning, etc.
• Union Awareness Training and Education – Reinforce the concept that employees have a right to an informed choice by providing information for all employees at all levels.
• Organizing (Third-party) Detection – Supervisors need to be aware of the warning signs, and know what they can legally say and do. Employees turn to unions when they feel that their concerns are not being heard – supervisors are often the first to be aware that this is happening, and they need to communicate as soon as activity is perceived.
• Employee Relations – Even without union activity, companies need to train all management-level employees on positive interaction and relationships with their workforce.
• Wage and Benefit Structure – Review for any potential PFA or other issues that could be damaging if called into question, regardless of validity.
• Retention – Put an employee retention program into place, and reward employees for hiring referrals.
• Policies and Procedures – Make sure the employee handbook includes internal communication policies regarding e-mail, public notices, etc. that can protect employees' personal information and work areas.
• Employee Involvement – Invite feedback; look for opportunities to solicit opinions, suggestions and more.
• Management Visibility/Accessibility – Make upper management available now, not just during union activity. Their involvement should be genuine and ongoing, they must be visible and accessible to employees.

Don't let politicians decide the fate of your organization. Through strategic and open communication with your employees, your business can remain successful and union free. Many insiders and industry experts believe that EFCA will pass in one form or another—be sure your company is prepared, no matter what this legislation may become.

Projections has been helping companies communicate with employees for more than 3 decades. CEO Walter Orechwa believes in working with the Human Resources and Labor Relations experts that help those companies maintain positive employee relations. For more information on the video, web, and eLearning resources Projections offers, please visit their website at www.ProjectionsInc.com.

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