0 TIPS-D and FLOP: What Employers Can Say During Union Organizing Table Of Contents 1A Review of FLOP 1.1Facts1.2Legal1.3Opinions1.4Personal Experiences and Examples1.5FOE and FLOP: Employer Rights During Union Organizing2Prepare for Union Organizing with TIPS, TIPS-D, FOE, and FLOP TIPS, TIPS-D, FOE, FLOP… Rules, rules, and more rules are part of the journey for any organization that wants to maintain positive employee relations and create an environment where unions aren't necessary. The acronyms represent keywords to help employers remember what they can and can't say when communicating with unions during union organizing campaigns. The fact that TIPS and FOE have morphed into TIPS-D (added is "no discrimination") and FLOP (added is "legal") is indicative of the fact that avoiding unionization is getting more challenging due to a pro-union federal administration and a strong union-supporting National Labor Relations Board (NLRB). Most discussions on employer communication during union organizing focus on what employers can't say because violating the TIPS rule (no threats, interrogations, promises, surveillance) can lead to Unfair Labor Practice charges for labor law violations and a failed attempt to win over employees considering joining a union. But there are plenty of things managers can say during union organizing to be proactively positive. Let's visit the FLOP rule to encourage you that it's possible to maintain an organization where unions simply aren't necessary, despite the pro-union environment. You can strengthen positive employee relations during a union organizing campaign. A Review of FLOP Originally, there was FOE for Facts, Opinions, and Personal Experiences or Examples.FactsThe "F" in what is commonly referred to as FOE, which we feel is more accurately described as FLOP, refers to the fact you can legally share facts about unions as long as they are verifiable through public resources. The resources include but are not limited to: Labor law firm websites Substantiated news reports Federal and state government websites Federal agencies like the National Labor Relations Board, Department of Labor, and EEOC NLRB court cases The Center for Union Facts (CUF) LegalWe felt the "L" in FLOP is a necessary addition because employers have the right to obtain legal services and communicate employer rights to employees. It's important to access legal services because the laws and regulations are in a state of continuous change. It's easy for employers to unknowingly restrict employee rights. On the other hand, employers do have rights. For example, a union representative who interferes with an employee's work can be ordered to leave. But did you know that, per Supreme Court rulings, allowing non-union outside organizations like the United Way on your business property means you can't deny access to union representatives so they can recruit employees? It's referred to as the "non-discrimination rule." Say the wrong thing, and you face an Unfair Labor Practice (ULP). Say the right thing, and you avoid the ULP. Employer rights are under attack too by the NLRB General Counsel Jennifer Abruzzo, who has made it clear she is pro-union and will do everything she to can promote unionization through various means, including restricting employer rights. In an April 11 brief in an NLRB Cemex Construction case, the GC urged the NLRB to find that employers are violating the National Labor Relations Act when they discuss the limitations of employees being able to directly resolve workplace issues with their employer. What is the positive of this discussion on labor law? You can hire legal services to help you protect your employer's rights, as those rights continuously change right now through NLRB and court rulings. OpinionsAs people like to say, "you're entitled to your opinion," which in this case is about unions. Thus the "O" in FOE and FLOP. Your perspective this time refers to the organization's opinion. It's legal for your leaders to communicate to employees why unions are unnecessary. You should have a company position statement which is often on the employee-facing union website. If you don't have such a website, then it's time to establish one because it is an important resource for guiding employees in their decision-making and ensuring they understand the "other side." It's helpful for your managers and supervisors too, when they need reminders as to the positive points of creating an environments where unions are unnecessary, that they can legally share with employees. When a union organizing campaign starts, your employees hear pro-union information in "stereo." On one side are labor union representatives telling them their workplace is unsafe, their manager is taking advantage of them via poor work schedules, senior management is supporting a compensation schedule that underpays employees for their work, and so on. The first step in organizing is the creation of a Volunteer Organizing Committee with members who become internal sources for labor unions for information, employee recruitment, and marketing the labor union. On the other side are employees who are opposed to union organizing. Your managers and supervisors can express solid legal opinions on the benefits of avoiding a union, which helps employee advocates for doing so by giving them talking points. Personal Experiences and ExamplesYour organizational leaders have the right to share personal experiences involving unions. Some of your leaders have likely worked their way up to become supervisors and managers and were union members at one time in prior jobs. They can legally share negative personal experiences with unions. They can also talk about specific examples of problems involving unions, including corruption. Once again, be sure to only share provable information. For example, a union officer pled guilty on July 1, 2022, in the US District Court for the District of Columbia to embezzling more than half a million from the SEIU and using the money for parties, travel, furniture, and other personal expenses. In 2020, two union leaders of the United Auto Workers were sentenced to prison for stealing millions in union funds to pay for alcohol, trips, golfing, and other luxuries. These are documented examples of union leaders misappropriating money that is union dues. It doesn't seem like this could be called "positive communication." However, a leader who was once a union member could discuss how leaving the union enabled faster career advancement. Perhaps the supervisor could discuss the peace of mind that comes with knowing he/she is not paying union dues that support corruption or a particular political agenda or knowing that he/she doesn't have to worry about loss of income due to a strike. It's important to be careful not to threaten employees through careless wording. It's also legal to share the reasons why a union may not be a good decision. These reasons should be stated on the employee website with more in-depth explanations. Need help understanding more about your employer rights during union organizing?We're here to help you solve your unique needs. Our team of experts can help you implement the strategy that works best for your organization. GET STARTED NOW! FOE and FLOP: Employer Rights During Union OrganizingYou can rely on FOE or FLOP to remember what you can do during union organizing. Though a top goal is to utilize all your NLRA employer rights to address unionizing, this can also be an opportunity to engage employees. This may sound counterintuitive, but some employees: Already know they aren't going to vote for a union Are undecided as to how to vote should a union election be held Will sign union authorization cards and eventually revoke their signatures Will refuse to sign authorization cards despite being pressured Are undecided about unionization Each of these groups of employees offers opportunities for employee engagement. Understanding the FOE or FLOP rule and TIPS or TIPS-D gives your leaders the foundation for employee communication concerning unions. How can the FOE rule become a positive employment engagement source? You can share facts about unions in a way that demonstrates that your leadership has carefully considered the truth. Transparency and honesty support the development of positive employee relations. Employees appreciate being told the truth about unions and their employers. The current wave of unionizing is largely based on emotions. People have gone through a pandemic, are hearing a recession is possible, are dealing with the impact of inflation, and are regularly hearing pro-union messages on the news. It's all negative information bombarding them. Along comes a surge of Starbucks stores voting to unionize with employees, talking about getting a voice and the right to decide how to serve customers, and your employees are inspired. Sharing the truth about the impact of unionizing with employees is a positive way to help them consider unionizing in a thoughtful rather than emotional manner. Walter Orechwa, Director, Digital Workplace Solutions with IRI Consultants, gives several examples of how to separate a fact from a threat and how the psychology of fear plays in leadership responses. Responses emanating from fear will likely alienate employees. Leadership training on FOE is crucial to overcoming the fear and being prepared to communicate with employees legally and thoughtfully. A union organizing campaign brings employee concerns and needs to management's attention. Some may be known, but some may not. It is an opportunity to address each of the concerns and needs, giving honest, fact-based reasons as to why each is possible or not. Though there is a wave of unionizing taking place, it doesn't mean it's a foregone conclusion that your employees will follow suit. Amazon employees in Bessemer and New York City rejected unionizing, and Starbucks employees at two out of three Chicago stores voted no to unionizing. The media may focus on the wins, but it's important not to lose sight of the fact that your organization has an opportunity to connect with employees. This is an opportunity to discuss what your organization does offer employees, like competitive wages, benefits that support employees holistically with physical and mental health support, opportunities for career development, flexible schedules, and a communication system that enables employee and leadership feedback on any issue. Labor unions often present facts but out of context in order to inspire employees. For example, they may talk about employees being underpaid but don't talk about whether the wages paid are competitive compared to industry or local standards. You have an opportunity to present information in a positive and complete way. Helping your employees who don't support unions push back against unions is legal and shows employer support for the voice of this particular group of employees. A union organizing campaign can lead to many of your anti-union employees feeling overwhelmed. Helping employees stand up for their NLRA rights is a positive action. Use the union organizing campaign website to present the positive aspects of employment with your organization and the negatives of unionizing. If the website only attacks unions, it won't be convincing and will be merely seen as a cover for management. Keeping FOE and FLOP in mind, use the website to cultivate positive employee relations by pointing to the many ways your company cares about its employees. There are right and wrong ways to answer employee questions about unions. The right way is to answer questions in a way that reminds employees management already strives to give employees a voice, pay competitive wages and develop positive employee relations. The unions will answer questions in a way that makes employers look bad. For example, in the article on virtual union organizing, we have listed several common questions about unions that we've shared in blog posts. One is, "Will an employee joining a labor union affect the ability to get raises or be promoted?" The union answer is, "You get a voice in how the union negotiates." Notice the vagueness of this answer because the union often promises raises and a different promotion process when there are no assurances the bargaining agreement negotiations will produce these results. If your leaders are asked this question, do they know how to answer in a positive way so that employees understand the fairness of your organization's promotion policy, how the compensation schedule reflects the level of work skills and the opportunities for expressing employee voice, i.e., worker committees, meetings, digital communication channels, etc.? You can give specific answers to questions about unions, and that is positive communication. Prepare for Union Organizing with TIPS, TIPS-D, FOE, and FLOP The basic purpose of TIPS and FOE is to help your leaders be prepared for union organizing and avoid making communication errors during the union organizing campaign. Learning the principles these acronyms stand for is crucial to being able to adhere to labor law. However, the knowledge also helps your leaders respond in positive ways to employee questions and concerns because they know what they can communicate. Union organizing campaigns can get emotional and difficult, so any positive communication is good communication and makes for better leaders. Get ahead and prepare your workforce now for the possibility of handling a union organizing campaign. Our TIPS and FOE explainer videos will create trust between supervisors and employees and help you avoid Unfair Labor Practice charges down the road. Preview F.O.E.: Explained! Preview T.I.P.S.: Explained!
0 Employee Relations Issues: Be Proactive to Stay Union-Free Table Of Contents 1Accepting the Challenge2Obvious Employee Relations Issues2.1Frequent employee complaints/conflicts2.2Dealing with complaints the right way2.3Lack of employee respect and trust in management2.4Ignoring safety issues2.5Non-Competitive Pay and Benefits2.6Transparency with benefits and pay2.7Weak Frontline Leadership3Less Common Employee Relations Issues4Show You Care About Your Employees5Final Thoughts It is nearly impossible to please every single employee, especially with a large workforce. Certainly, there are many employee relations issues that can potentially snowball into a union organizing campaign. A 15th-century English monk was right when he penned, "You can please some of the people all of the time, you can please all of the people some of the time, but you can't please all of the people all of the time." We will cover some of the most common employee relations issues to address in your workplace that can lead to union organizing, and how to best approach them. At UnionProof, we believe in creating an environment where unions simply aren't necessary. By being proactive and addressing any potential issues ahead of time, you can build a unionproof culture, and create the strongest workforce in your industry! Accepting the ChallengeOne of the most challenging responsibilities of management is developing positive employee relations to stay union-free. It takes a real effort that involves leaders from the senior level to first-line supervisors, fair HR policies and procedures, effective communication systems, and a path for employees to resolve disputes. It isn't one thing, but it includes everything that promotes positive employee relations, positive employee experience, and positive workplace culture.Early identification of employee relations issues is crucial to stemming from growing dissatisfaction in the workforce. The following are some obvious and not-so-obvious employee relations problems that can turn into union organizing.Obvious Employee Relations IssuesThe obvious employee relations issues are just what the word "obvious" implies. They're apparent to anyone paying attention. The factors in this category point the way for employers to improve employee-employer relationships and workplace culture. Here's a quick snapshot of the obvious issues we will be discussing below:Frequent employee complaints/conflictsHow to deal with complaintsLack of employee respect and trust in managementIgnoring safety issuesNon-competitive pay/benefitsTransparency with pay/benefitsWeak front-line leadersHere's a more in-depth look at each of the issues outlined above:Frequent employee complaints/conflictsA stream of employee complaints and frequent employee-employee and employee-employer conflicts indicates a serious problem exists. It could be too much stress, unreasonable performance goals, trouble-making employees, poor workplace culture, and so on. Your organizational leaders need to address the complaints or conflicts that arise during the workday. If they don't, the other employees will conclude that you don't care whether there is harmony or not, or that some employees are making their life at work difficult.Every workplace has chronic complainers. Executive coach Marshall Goldsmith interviewed more than 200 clients. He found that "a majority of employees spend ten or more hours per month complaining – or listening to others complain – about their bosses or upper management." He went on to report that a third of employees spend 20 hours or more each month. These numbers don't include the many other complaints about peers and employees.People complain to people who agree with them, making them feel supported and justified in griping. Goldsmith points out that people complain because they feel powerless. That provides a situation that is ripe for union organizing.Dealing with complaints the right wayWhen your supervisors realize some employees are "complainers", they need to discuss the situation with them. Don't write off any employees as chronic complainers or difficult people. Instead, turn the situation into an opportunity to increase employee engagement by discovering what the complaints are really about.Sometimes, many employees can communicate what they're unhappy about, which can range from work schedules and compensation to job requirements and lack of employee voice. For example, Amazon workers have repeatedly and publicly claimed the work pace in the warehouses is unreasonable. They also don't like the fact that the scan guns used by employees track every second of their workday. In the words of an employee, "It created a constant buzz of low-grade panic. I felt as if the company wanted us to be robots."Is it any wonder the employees are talking to three big unions – Teamsters; Retail, Wholesale, and Department Store Union; and the United Food & Commercial Workers Union. Amazon has vigorously fought against unionizing, including hiring employee relations managers who have experience in handling union organizing activities and responding to unions. Time will tell if this company is able to stay union-free.Lack of employee respect and trust in managementEmployee trust is the deep belief in the reliability, truth, and ability of the company and its leaders to treat people fairly and honestly. There is a long list of reasons employees don't trust their company or don't respect management. Payscale's research found a big gap between what employees believe versus what employers believe concerning transparency, pay, and appreciation. For example, 45 percent of employees indicated feeling appreciated at work. 65 percent of employers stated that their employees feel a sense of appreciation.A scientifically controlled study on employee trust found that the amount of employee training employees received was positively associated with employee trust. Workplace longevity, hours worked, and trade union membership was inversely associated with employee trust. Employees may not trust their employers and start union organizing, but belonging to a union increases the lack of employee trust in managers.The level of employee trust has a direct impact on employee performance. A lack of trust leads to lower employee engagement and a lack of employees' investment in their jobs. How do you find out if your employees trust management? Ask them. Conduct employee engagement surveys that include questions about trust. If the trust level is low, the next steps are to improve communication with employees, to provide regular feedback on performance, increasing transparency about the direction of the business, compensation schedules, and promotion policies; and offering training opportunities.Ignoring safety issuesWorkplace safety is a key issue for employees, and a common reason they turn to unions. They don't need a union because the Occupational Safety and Health Act of 1970 gives employees the right to file a complaint with OSHA. All safety matters must be addressed, and never minimized.When employees believe their safety is knowingly compromised, employee relations are seriously hurt. Failing to respond sends a message that employers don't care about employee health and welfare; no matter the reasons management may unknowingly ignore workplace safety, like lack of funds to upgrade equipment, lack of time for additional training, etc. Labor laws give employees certain rights concerning workplace safety. They have the right to:Be provided with safety equipmentReceive training in a language employees understandReport an injury or illnessVoice concern over unsafe working conditions without fear of employer retaliation. Workplace safety is a major talking point for unions. A survey of construction firms found that companies with union workers are more likely to perform safety best practices and more likely to get OSHA training than non-unionized companies. It shouldn't take a union to force employers to train employees.Non-Competitive Pay and BenefitsIn the Payscale survey mentioned earlier, 20 percent of employees believed they receive fair pay, and 44 percent of employers believed employees feel they receive fair pay. That's a big discrepancy.Numerous studies have found that employees are most satisfied with their pay when they are paid more than the average industry compensation. While this is not always possible, the amount of compensation and benefits your employees receive is a hotspot in terms of union organizing.The unions are backing protests for $15 an hour demands because they understand that what people earn is connected to more than just take-home pay. Compensation is connected to employee status, feelings of appreciation, and satisfaction with the company and management. A non-competitive pay schedule and benefits influence employee turnover too.Some employees take on compensation and benefits as a social cause. Who better to help with the effort than union representatives?Transparency with benefits and payOne of the frequent discussions taking place today concerns transparency. Should you be transparent about your company's pay schedule? One approach is to be transparent about the factors that go into determining pay for different levels and not publish details for employee job titles — instead, show bands of compensation for different levels. Be clear about how salaries and wages are determined, but before doing so, make sure the company policies and practices are easily understood, and justifiable. If they aren't, employees may be more likely to start union organizing.Benefits are another major source of concern for employees. The workers at Fiesta Henderson Hotel & Casino voted to unionize to get better health insurance and pensions. This was the seventh Station Casinos Las Vegas property to vote in a union since 2016. Health insurance and pensions are two common specific points of contention among employees, especially hourly workers.Weak Frontline LeadershipFirst-line leaders have a lot of power; more than many upper managers recognize. They serve as liaisons between upper management levels and employees. They implement and enforce company policies, implement strategies handed down by higher levels of leadership, manage employee schedules, conduct performance reviews, and hear the grievances or complaints circulating in the workforce.What makes weak frontline leadership? They are the supervisors who are poor communicators or play favorites with some employees. They may seldom provide constructive feedback on employee performance, never share information about business goals, or are unfamiliar with HR policies and procedures.It only takes a few employees to ignite dissent and dissatisfaction in the workplace, and dissatisfaction can lead to union organizing. Unfortunately, many employers shrug off the obvious employee relations problems by convincing themselves the issues are due to trouble-making employees and not due to workplace conditions, lack of effective management, or HR policies. Allowing employee relations problems to fester is never wise. You have to support your team.Less Common Employee Relations IssuesMany employee relations issues can lead to union organizing and they aren't always as obvious as those listed above. They include:Resentment over supervisor favoritism – A lack of consistent application of HR policies will create an undercurrent of complaints, often not publicly vocalized. Most people won't complain about coworkers who get favorite treatment (i.e. certain employees who "get away" with abusing time off, or receive a promotion over someone more qualified, etc) because of fear of the consequences.No open door policy/weak grievance procedures – Employees need to know they can approach management with any concerns. An open-door policy can often stop a small issue from becoming a major grievance. The open-door policy should be backed up with a formal grievance policy that ensures employees are heard and receive a resolution.Low-quality leadership communication – Lack of an effective employee communication system leads to employee relations issues because people will believe management thinks their employees are not important to share information with.Technology makes it possible to regularly communicate with employees via video, web and eLearning solutions; social media; emails; and webinars. Make sure employees have access to a platform they can use to communicate any concerns. Technology tools can be supplemented with activities like in-house or online information-sharing meetings, or employee surveys.Employees at IKEA Distribution Centers in Illinois voted to join the International Association of Machinists and Aerospace Workers union. The union campaign, said the IAM organizer, was "mostly about fairness and voice on the job, and ensuring that the profits they create also benefit their families and communities." This was another step in the union's increasingly successful effort to organize global IKEA workers.Of course, this list is not all-encompassing. The goal of management is to identify specific employee relations issues within their organization that need attention.Show You Care About Your EmployeesMany, if not all, employee relations issues can potentially lead to union organizing. People need to feel appreciated and valued. They want to know that management cares about what they do, how they contribute to organizational success, their safety, and receive fair treatment. These are the most common employer relations problems that unions use to attract employees. Don't wait to diagnose the issues that can lead to employee interest in union organizing. Final ThoughtsAre you giving your employees a voice? Do your supervisors maintain an ongoing dialogue with employees, and do they promote the benefits of working for the company? Do employees understand the consequences of unionizing? We hope that you can answer some, if not all of these questions with certainty. Be proactive and address potential employer relations issues head-on. We can help you build a strong company culture where a union isn't necessary.
0 “Belonging in the Workplace” What Does It Mean, and Why Does it Matter? Table Of Contents 1What Does Belonging in the Workplace Mean?2Workplace Belonging And Union Organizing 3Why Does Belonging in the Workplace Matter?4Working on the Emotions First5Can Your Supervisors Recognize A Lack of Workplace Belonging?6Signs of A Lack of Belonging in the Workplace7An Inclusive Workplace Promotes Belonging at Work8You Can Cultivate a Sense of Belonging in Your Workplace Today, union organizing efforts look vastly different than they did even just pre-pandemic. Employee trust in "big labor" and belief in the idea that a union can swoop in and make good on a myriad of promises are no more. Instead, worker groups are uniting to address concerns and create a sense of belonging at the companies they work for.This focus on a need for belonging is found in organizing campaigns at Amazon, Starbucks, REI and dozens of other companies. We have reached an "Age of Affiliation," during which workers want a voice in corporate social responsibility, as well as how their company handles environmental, safety and governmental issues.When otherwise satisfied, high-performing employees who work well with their supervisors seek change, it can be hard to explain. The need to belong, to feel "in on things" has been shown to be one of the most important factors in employee satisfaction. In 2020, a McKinsey survey determined that nearly two-thirds of the workforce was reflecting on their purpose at work.So, what is this need for belonging in the workplace and how can employers meet it?What Does Belonging in the Workplace Mean?Remember when they talked about Maslow's hierarchy of needs in school? The most basic needs on the hierarchy are physiological, like food and shelter. Once those are met, people fulfill their safety needs, which include employment, health, and personal security. Then comes love and belonging, followed by esteem and finally self-actualization, which is the fulfillment of a person's potential.Belonging is right in the middle of Maslow's list. Belonging is a powerful human need that drives behaviors, leading people to form connections with friends and co-workers. Belonging in the workplace means feeling valued through positive connections with others and able to bring the authentic self to work. People are always looking to develop a sense of connection in their personal and work lives because that is how they validate their feelings and fulfill the need of belonging.Additional research after Maslow's theory has shown that employees don't have to satisfy a lower need to pursue a higher need fully, and one behavior can meet more than one need. For example, a person who develops a sense of belonging will likely have more self-esteem (higher need) and feel more secure/safe (lower need). Psychological safety in the workplace refers to feeling safe to be your authentic self and to find fulfillment in that work.Workplace Belonging And Union Organizing Understanding the need to belong sheds light on how people act in the workplace and the pull of union promises. One of the most confusing employee behaviors, from an employer's perspective, is when people vote for a union when they seem satisfied with their job, working conditions, compensation, and benefits. Why would someone who seems like a content, engaged employee vote to let someone else represent them? What would encourage them pay dues to get something they already have? Why do they go along with the crowd? What's going on?Sometimes, it's just a matter of going along to get along. This is something frequently seen when some union members agree to strike, even though they know it has the power to impact them financially or really just don't want to participate in the turmoil. During protests, people are carried along by the camaraderie and emotion of the crowd, feeling like they are really participating in something important and able to drop defenses and just be themselves. People join a union, protest, strike, or alt-labor group - even when satisfied with the workplace and knowing it could lead to personal and work problems - because of the deep need to belong.Employees may be productive and motivated at work, but still experiencing the following.Employees feel isolated in the workplace because of their difficulty bonding with co-workers. They may assume joining a union makes them feel connected, orThey need a strong attachment to other people as a source of self-esteem, and going along with the people who are leading the organizing campaign supports that needEmployees believe the only way to create an environment in which people can be authentic in the workplace is to join the union to demonstrate to the employer a need to develop a culture of belonging in which people feel secure and accepted as they areThere has been significant research on human bonding, including in the workplace. Psychologists have found that for some people, attachment to co-workers is more motivating than money. As an employer, you're thinking in terms of equity and fairness, and the employee is thinking about a sense of belonging. People who feel like they belong believe they are fully supported, accepted, and able to share experiences.Why Does Belonging in the Workplace Matter?Employees join unions for many reasons. Some employees who vote for unions have very specific reasons. They believe they need a strong collective voice because they aren't getting the attention of organizational leaders. Sometimes, it's easy to pinpoint why union organizers can convince employees to start a campaign and vote a union in.Many times it is not. When it's all about belonging and feeling "in on things," management is often blindsided. Leaders may believe that employee relations are good, and most employees are engaged. But when a few dissatisfied employees feel marginalized and seek outside help, the effort grows. It is the need to feel the sense of belonging that drives some people to support the union organizing campaign or vote for unionization. As one Monster.com author points out, in a discussion on ways to connect with co-workers, the one thing all employees have in common is the employer. Uniting with co-workers "against" the employer creates a sense of belonging.Big labor and today's big unions use belonging in their marketing efforts - and talk about that more than any employer in the recruitment process. It's why they use words and terms like "brotherhood" and "sisterhood," "collective strength," "solidarity," "unite," and "banding together." The United Food and Commercial Workers International Union calls itself a "proud union family". Feeling disconnected? Need some help creating belonging among your team members?At IRI Consultants, we have worked with countless companies to create employee advisory committees. Our team of experts can help you implement a strategy that works with your unique culture to create a sense of belonging. GET STARTED NOW! Working on the Emotions FirstFor younger generations of workers that include Millennials and Gen Z, technology plays a role too. Many people experience a significant portion of their social interaction via smartphones and the internet. They grew up using social media, which is a means of gaining a public voice, engaging others, and staying connected. Connectedness is related to a sense of belonging. This appeals to the need for belonging in the workplace. Younger works want to continue the sense of belonging in the workplace, especially since social media cannot replace human interaction. Research indicates younger, college-educated workers are accepting organizing in greater numbers today, whether it is a formal union campaign or an alt-labor group.And while we're talking about younger workers, don't forget that digital belonging should be part of your belonging efforts. While technology can make us feel more connected, it also has a tendency to stand in the way of belonging.Some people just want to belong to something for emotional and mental support and not necessarily because they think the employer is doing anything wrong. That is one reason why unions sometimes emphasize a focus on people's emotions first. "Belong to the union, and share a common cause with your coworkers and friends." It's a difficult challenge for employers to address. In some cases, it seems that no amount of goodwill on your part will stop some people - those with low self-esteem, those who avoid being antagonists among co-workers, and those who believe they aren't fully accepted - from going along with the crowd. In this case, the crowd consists of union supporters. Can Your Supervisors Recognize A Lack of Workplace Belonging?Leaders need to understand how to deepen employee engagement and develop alternate ways for employees to resolve their need for belonging. It takes a concerted leadership effort. Do your managers and supervisors understand the value of workplace belonging and how it impacts the workforce and company culture? The need exists to train supervisors to identify team members who are experiencing isolation in the workplace. There are always clues that an alert supervisor will notice: someone who always eats lunch alone at their desk or an employee who "keeps to himself" and never volunteers an opinion. This extends to remote and hybrid workers, who can be difficult to bring together and motivate them feel like a cohesive team with an influence in how things get done. Pay attention to your leaders and their understanding of the importance of developing a sense of belonging in the workplace for union avoidance? Signs of A Lack of Belonging in the WorkplaceA lot has been written about ways to improve employee engagement, but your business success may ultimately be at stake if your employees feel low or no motivation or engagement in your organization. Here are some of the signs to look for if you want to improve the employee experience and make sure employees feel included.Lack of communicationDiminished work, poor job performanceHigher rates of absenteeismWithdrawal, lack of collaborationNot providing feedback, or asking for itTaking more sick days than normal, with little explanationDisinterest in learning more or challenging themselvesHigh workplace turnoverAn Inclusive Workplace Promotes Belonging at WorkWe've shared at-length about the intricacies of workplace inclusion and belonging - how to differentiate between the two, what the differences are, etc. To sum it up, you need to be proactive to create an inclusive workplace; one which truly promotes and champions diversity, equity, and therefore, belonging. It's possible that employees feel "included," but still lack engagement and don't actively collaborate with others.It's not as simple as a one-size-fits-all approach. However, to promote inclusion and also promote belonging, a strong start is forming employee advisory groups, as well as championing diversity and inclusion best practices. Evaluate and identify the potential challenges of underrepresented groups, and then offer adequate resources and support channels to address them. Seek feedback from employees and ensure your leaders have the necessary skills to connect with their team members that promote honest dialogue. Your leaders can help employees feel heard, valued, and safe to come to work as their fully-realized, authentic selves.You Can Cultivate a Sense of Belonging in Your WorkplaceBelonging in the workplace isn't a touchy-feely principle. It's human nature, driven by the brain's responses to positive events promoting feelings of belonging. One of the biggest challenges of old-school managers today is understanding the days of command-and-control are over. Leadership must consider factors like employee psychological needs, and consider a holistic approach to positive employee relations in order to become an employer of choice.At IRI Consultants, we have found that Employee Advisory Groups and Employee Advisory Committees help cultivate a sense of belonging and foster a strong, inclusive culture that helps our clients become an employer of choice. Creating an environment where unions aren't necessary takes strong, trained leaders who understand human nature and know how to nurture a sense of belonging in the workplace persistently. We'd love to help you create a custom solution for your organization and your unique needs. Click here to get started.
0 Best Providers of Union Campaign Resources Our team of experts at IRI Consultants has assisted more than 10,000 companies in their efforts to stay union-free, manage a union decertification process, or prevent another union campaign. Our philosophy is different from many competitors because they’re focused on fighting unions. Our ultimate mission is to help employers create an environment where unions are simply unnecessary through employee engagement and effective leadership. This blog post will cover some of the best providers of union campaign resources Positive vs. Negative Focus We have helped many companies counter against union campaigns and elections, of course, but the ideal situation is developing a corporate culture and employee engagement level that makes unions unnecessary. This is becoming more critical each day as the pace of unionization and strikes is accelerating. Our staff gets questions about our competitors as far as what they offer for union campaign resources. In this industry, there are two major categories of competitors. The first are companies like UnionProof that offer pre-packaged and customized online and offline products and services, and consulting services. The second category consists largely of labor relations firms that primarily provide consulting services, with most led by attorneys or labor consultants. Before vs. After Here is the difference. IRI Consultants helps companies before, during, and after union campaigns and addresses leadership training gaps and employee communication practices as components of unionization. Attorneys and labor consultants are frequently hired after company leaders get wind of union activity. It could be anything from a union authorization card accidentally left in the breakroom to a formal notification the employees are starting a union campaign. We like transparency and want business leaders to know their options when selecting providers of union campaign sources, so they make good decisions. That’s why we offer the following sample of companies and law firms that are typical of UnionProof’s competitors. The list is intended to give examples of the employer options for getting union campaign assistance. In each category, a simple search online – using terms like “anti-union” and “stop unions” and “labor relations professionals” and “union campaign sources” and “union avoidance” – will lead to a wide selection of companies, law firms, and consultants. Labor Relations Institute (LRI) The LRI is a labor relations firm founded and managed by a labor attorney and has been in business for over 40 years. The company offers a full range of services and products that include leadership training, campaign tools in the cloud, dark websites, consulting services, campaign literature, and custom videos. SPARTA Solutions This is a large well-known labor relations company that has a range of services and products and a website that says it “battles with labor unions.” However, unions are just one aspect of their business. They also deal with computer hackers, government agencies, environmental groups, political organizations, and individuals who negatively impact an employer’s brand. Society for Human Resources Management (SHRM) This is a national membership organization that addresses all aspects of Human Resources management, including preventing unionization and responding to union activities. There are toolkits, legal compliance information, labor relations articles, and learning resources in various formats, i.e., video, eLearning, webcasts, onsite training virtual events. Barnes & Thornburg The law firm of Barnes & Thornburg has a team of legal professionals who help clients with union avoidance activities. The company has multiple offices, including one in Atlanta that serves Southeast clients. A major component of the firm’s plan is front-line training supervisors in the skills needed to avoid unions. Reliant Labor Consultants This labor and employee relations consulting firm offers three types of services: avoiding a union, fighting a union, and preventive labor relations. The consultants offer supervisor and manager training programs, services to improve employer-employee communication during a union campaign, and periodic audits to identify potential problem areas and the need for specialized training. Kulture Consulting, LLC This company serves clients all over the country with many in the Southeast and provides consulting to companies ranging from 5-19,000 employees. The company offers labor relations services that include training supervisors and managers, providing information directly to employees, developing a strike preparation plan, media planning and execution, and internal and external communications. More Information There are many providers of union campaign resources, and the companies presented are just a sample of the different options. Making the right choice can mean the difference between unionizing or staying union-free. The following resources provide more information useful for decision-making. Preventive Measures Your Company Can Take for Successful Union ProofingHow to Prevent a Union Election From Happening Again1515 Reasons Why You Need a Labor Relations ProfessionalAddressing Union Organizinghttps://projectionsinc.com/abetterleader/build-employee-engagement-with-the-corporate-culture/Leadership training delivers engaged employeesToolbox for Employers Check out Projections, Inc. as a good starting point for your research. We made it easy to access the resources that fit your organization’s needs. It has links to UnionProof, A Better Leader, and custom communication solutions for your workforce.
0 How To Communicate With A Diverse Workplace Divversity and Inclusion (D&I) is a term used by business leaders when giving glowing praise to their organization’s culture. Research has shown that workforce diversity is a source of innovation, access to new markets, and prosperity in general. But diversity and inclusion also leads to multilingual workforces. A multilingual workforce presents unique challenges. To understand how to communicate with a diverse workplace, you’ll need to make sure the company’s messages can be easily understood – by every employee. The statistics tell the story of diversity in the U.S. workforce. Foreign-born workers are almost half Hispanic and one-fourth Asian. The Center for Immigration Studies tracks statistics published by the Census Bureau. In over 21 percent of U.S. homes, members of the household speak a language other than English. In the nation’s five largest cities, 48.2 percent of residents speak a language other than English at home. The top 10 foreign languages spoken in the U.S. are Spanish, Chinese, French and French Creole, Tagalog, Vietnamese, Korean, German, Arabic, and Russian. These statistics tell us that tens of millions of people are in the workplace each day trying to cope with low English skills. Communicating with All Employees (Not Just Some) You likely have a diverse workforce, but an essential element of inclusion is excellent communication. Does your workplace have effective communication with all employees and not only people who have English as a first or only language? How do you communicate with a diverse workplace on critical issues? You must communicate about your company’s mission, rules, policies, and perspective on unions. Are employees trained in a language other than their native language? Are there company websites, videos, and eLearning modules available in a variety of languages? Have you ever had one or more supervisors experience difficulty explaining a procedure to a diverse staff member? Has an employee experienced a safety issue, broken a rule, failed to inform a manager of a workplace issue – all because of language barriers? It’s safe to say that most U.S. businesses practice Global English. The term Global English references the fact that business people in all parts of the world speak English, even those in which English is not native. But even with Global English as the standard, it doesn’t make sense to ignore other languages. This is true when hiring or interacting with people who have low or no English skills. Perfect Setup for Unions One of the principles of Global English is that it is literal by design, to reduce misunderstandings. A significant challenge for employees who aren't comfortable with English is understanding and interpreting phrases taken for granted by native English speakers. For example, you may use the phrase, "set the record straight" to explain that unions impact worker jobs "across the board." These phrases have little meaning to a non-English speaking person. A supervisor may try to explain healthcare benefits and end up leaving the employee altogether "in the dark." The employee thinks the benefits plan is adequate for personal needs, only to find out there are coverage gaps. Your manager might try to explain there is an "open-door policy." Employees for whom English might be a second language have no idea what this means. That means those employees might never accept this invitation. They might never speak with a supervisor about their job, working conditions, or personal needs. It is the perfect setup for union organizing. Employee engagement requires high-quality communication. You need to engage ALL employees regardless of their English fluency. There are strong reasons for training in multiple languages. One is reducing the time it takes for the employees to learn and absorb the information they need to make good decisions. Going back to the ideas of diversity & inclusion, what happens when your employees are hesitant to communicate with their English-speaking supervisors,? You are likely missing out on different perspectives and insights, which can lead to innovation and growth. As the Italian filmmaker Federico Fellini said, "A different language is a different vision of life." Legal Coverage An employee who speaks Spanish can talk to union representatives, no differently than an employee who speaks English. You can trust the union will find an interpreter, if necessary. Most unions have Spanish-speaking representatives on staff today. In fact, people who converse in a foreign language with co-workers can discuss things far more privately than those who do speak English. It is crucial that your company offers training materials in the languages your employees speak. Not only does this demonstrate respect for your employees, but it is also the only way to ensure consistency in your message. Your employees want to be informed. They want to understand how to address grievances. Your employees need you to reinforce the benefits of working for the company. You'll also want to promote job safety and discourage unionizing. Any labor relations professional will tell you that regular communication in multiple languages provides some legal coverage. Taking measures to communicate consistently can keep every employee on the same page. Not Legal in Translation In 2014, Labriola Baking Co. and Juventino Silva, Petitioner and Teamsters Local 734 (Case Number 13-RD-089891), a situation involving language occurred during a decertification campaign. The employer said to employees, in English, "If you chose union representation, we believe the union will push you toward a strike. Should this occur, we will exercise our legal right to hire replacement workers." A company can legally make this statement. At Labriola Baking Co., the company payroll manager translated the speech into Spanish. At the end, the payroll manager used the words "legal workers" or a "legal workforce" instead of "replacement workers." The NLRB found that a reference to a legal workforce was "objectionable and highly coercive." The NLRB viewed the inconsistency in the Spanish translation as a threat. You can state a legal fact and still end up in violation of the law as a result of an incorrect interpretation. The clear lesson is that you need to communicate important information in the language of your employees. However, utilize professionals to help deliver that message consistently. In the Labriola case, since the person doing the translation was an employee, so the employer was held liable. "Us Together" Instead of "Us vs. Them" ADP offered best practices for communication in a diverse workforce. These tips include communicating with employees in their native language. They also suggest using more than one form of communication. The article goes on to suggest providing English courses to employees, and including everyone to avoid trust issues and the creation of an "us versus them" mentality. The last item of "us versus them" creates an ideal climate for unionization. People feel isolated and believe they have no voice in the workplace. Most often, frontline managers understand the need for communication tools in multiple languages. Often upper management doesn't want to spend the money to produce communications in multiple languages. It then falls upon the people working directly with multi-cultural employees to convey the business case to upper management. Providing native-tongue training helps workers understand the critical points and language nuances while increasing learning success. Providing employee training and education information in a variety of languages is more efficient because it's always available to 24/7 – no rushing around to find an interpreter. It's also cost-effective, improving employee productivity through better engagement, and promoting learning. The employee with limited English doesn't have to try and translate a website or video information, enabling the person to concentrate on the message, rather than translating. Communication In Any Language In what languages do you offer your employee communications? Besides English, do you have Spanish-speaking employees, Vietnamese, Haitian-Creole, German, French, Laotian? As the Labriola Baking Co. case demonstrated, you shouldn't trust important topics like unions and company policies solely to translators. Ultimately, you should feel comfortable knowing your leaders and employees know how to communicate with a diverse workplace. Harness the power of technology to engage, train, and inform every employee. The money invested in communicating in different languages will be recouped many times, especially when it keeps your business union-free.
0 What Actually Happens During A Union Organizing Drive? Table Of Contents 1 Trust is the Glue Holding Workplace Relationships Together 2 Implied Contract of Trust 3 Tallying Up the Consequences of a Union Organizing Drive 4 Walking on Eggshells 5 To Protect Rights or Create Adversaries? 6 Communicate, Communicate, Communicate 6.1 Make Sure The Communication is Effective 7 Taking Action 8 Never-Ending Employee Engagement Process It all comes down to trust during a union organizing drive. Trust has a direct impact on the level of employee engagement, team performance, the organization's culture, and employee-employer relationships. Great workplace cultures have high levels of trust, and high levels of trust require active employee engagement. That is why unions work to destroy the faith that employees have in their managers to treat them fairly, ethically, and transparently. This is the modus operandi of every union campaign– destroy trust so that all processes, systems, policies, procedures, and decision-making are brought into question. Trust is the Glue Holding Workplace Relationships Together The Great Place to Work Institute names the 100 best places to work each year. A full 85 percent of the evaluation used is based upon what employees say about trust in their workplaces. Trust Across America names Top Thought Leaders in Trust each year. The organization provides an assessment that leaders, teams, and organizations can use to elevate employee engagement and retention and promote accountability, transparency, and communication by beginning a trust conversation. Trust is the glue that holds a workforce together and strengthens employee-employer relationships. If you wanted to unionize a workforce, what should be put into doubt? The answer is trust. Unions will encourage employees to doubt an employer's motives, end goals, and sincerity. Essentially, the employer cannot be trusted to make decisions that are fair and have the employees' interests in mind. The unions try to convince employees that their employer's stated intentions are not genuine. Their ultimate goal is only to make more profits at their expense. The employer doesn't keep promises, doesn't appreciate employee contributions, and doesn't respect employees. It is a decades-old union approach designed to melt the glue. Implied Contract of Trust Labor relations professionals talk about the implied contract of employment. A collective bargaining agreement lays out specific work rules in writing. However, there is also an implied contract that is about things like honesty, trust, and integrity. No one accepts a position expecting to be mistreated. The phrase "mutual trust and confidence"" is a legal term in common law, and various court cases in England have embedded it in law. Though not codified in the U.S., the implied contract still exists. The implied contract assumes that neither the employer nor the employee will act in a dishonest, unethical, or untrustworthy manner. Both parties will act in good faith, which is a U.S. legal principle. This is the key to the union campaign – convincing employees the employer has breached a duty to treat people fairly and honestly and are not acting in good faith, so employees need a collective bargaining agreement with hard and fast work rules and representation. Damaging employee-employer relationships is one of the first of many negative impacts of a union campaign on employees. The workplace culture is changed because the ability to trust in management is questioned. During the union organizing drive, union representatives will use terms like "good faith" and "fairness" to convince employees their employers are not adhering to either principle. The demands of the United Auto Workers who are on strike at General Motors strike are founded on the premise the employer did not keep its promises to treat workers fairly once the company was on solid financial footing again. In other words, GM's management cannot be trusted. It always comes down to trust. Tallying Up the Consequences of a Union Organizing Drive Employee-employer relationships are impacted in other ways. One is that there will be employees who are for and against unionization. It, too, becomes a lack of trust. The group not supporting unions always wonders if coworkers are waiting and watching for something they can take to the union or to management as a grievance. The employees supporting unions see the non-union supporting group as traitors to the cause. Unions don't give up when they lose an election. They try again at some point, especially if the vote was close. The consequences of lost trust and confidence are often severe and long-lasting, whether the union organizing drive succeeds or fails. The "us v. them" mentality becomes the way of doing business, and that keeps employees from coming to leaders with concerns, issues, great ideas, and anything that's personal in nature. Innovation is lost. Productivity is reduced. Collaboration is made more difficult. Performance declines. People cannot work at their best when unhappy, fearful, or untrusting. As attorney Mike Einterz explains, "Unfortunately, current labor relations discussions have become centered on less work for more pay, more benefits, and more control. Concepts of productivity, profitability, and shared risk have left the debate. This results in adversarial relationships that are tense and unproductive." For global firms (which most are today), this is not a "U.S. union problem." Unions are hurting employee-employer relationships around the world. Walking on Eggshells The side effects of a union organizing drive impact the attitudes and perspectives of organizational leaders too. Supervisors and managers are also at risk of being plagued with the "us v. them" mentality due to a union organizing campaign. Leaders may become distrustful of employees, thinking they might be undermined at any time (again, win or lose). The term "walking on eggshells" applies in this situation. Supervisors and other managers begin to think in terms of, "I can't trust some of my employees, but I'm not sure who!" and "What will I inadvertently do that drives employees to the union with a complaint?" In Canada, Howard Levitt conducted a labor campaign for an Ontario manufacturer. He sent a letter to the union in response to a letter the union sent employees. The union attorney sent a letter back that, remarkably, said the manufacturer is not entitled to a response because the employee-employer relationship is strictly based on an economic exchange of labor for payment, the employer only wants to interfere in the trade union's administration and the employer has no right to communicate with employees. Essentially, the union was saying that employers and employees are opposing parties, and employees need shielding. Therefore, the employer only has the right to address the exchange of labor for money. The union does not consider loyalty to the employer, pride in the organization, and the need for communication in a flexible work environment. It also sees itself as the only organization that has the right to address these issues, if it chooses to do so. The union takes this stance because alienating employees from their employers is a strategy for creating dependence on the union and gaining control of the workplace. To Protect Rights or Create Adversaries? One author in City Journal called the side effect of negativism the result of the NLRAs "model of hyper-adversarialism." Most of the rights protected by the NLRA have been legislated in the last 80 years. Employment regulations mean the unions had to find another way to fight, and they focused on the National Labor Relations Act's (NLRA) failure to protect the free choice of workers. The law requires an open union organizing campaign before a vote, meaning the employer can legally inform workers about the drawbacks of joining a union. So union organizers say their remedy is to get rules in place that support things like "card check." The NLRA model has led to an almost guaranteed conflict-ridden employee-employer relationship that produces short term gains and reduces workers' values and opportunities. There is now a prevalence of "destructive work rules, circuitous grievance procedures, and counterproductive seniority systems" in union contracts. This particular author goes on to call for reformed union and alternative organizing. The bigger message is that unions have become damaging to employee/employer relationships. A union organizing campaign is harmful to the workplace, whether or not the vote is yea or nay. What can you do, knowing there are negative impacts on whether the union wins or loses? During the union organizing drive, the employer's primary goal is to reinforce the truth about policies and procedures and to explain, in a transparent manner, the reasons the employer opposes unionization. Instead of being adversarial, it is an excellent time to reinforce employee engagement. Communicate, Communicate, Communicate For the second time in two years, the Chattanooga, TN Volkswagen plant employees voted not to unionize. Christopher Bitton is an employee at the plant who opposed unionizing, and he shared words of wisdom. "There has been a clear division between pro and anti on the floor, and after this is over, I don't know whether or not this is going to clear up." This is the employer's challenge. How do you "clear up"" the ill feelings, disengagement and lack of trust, even after a vote? What do you do to combat the union's claims of victory (should they win) or the anger pro-union employees feel (should they lose)? How do you become a better leader? It's not easy, but the key is communication. People need regular, transparent communication. Ultimately, the reason there are so many articles and so many workshops on workplace communication is that it sorely lacks in many organizations. Technology offers easy communication paths. Engaging employees today requires frequent contact, truthfulness and transparency, accessibility, and training. An issue with union campaigns is they are distracting from the purpose of the business. The General Motors strike is a good example. Is anyone talking about the company's innovations in electric vehicles or new models or customer service improvements? No! They are talking about the strike, unions, the evil employer, and broken promises. Where is the customer in all of this? Make Sure The Communication is Effective Effective employee communication before, during, and after a union campaign is the key to restoring trust and engaging employees in pursuing organizational and personal success. It sounds simple, but restoring employee-employer relationships in the business through communication tools is crucial to keeping employees engaged in the corporate mission. There are videos, websites, eLearning modules, workshops (in person and web-based), and more. Use all the tools for employee and leadership training, and to maintain regular contact with employees. During the union drive, these tools can be used to explain the company's position on unions. They will reinforce the advantages of a union-free workplace and factually explain the impacts of unions, such as dues and restricted promotion abilities, etc. After the union vote, use the tools to re-connect with all employees in new ways. Reinforce the business mission and values, and any changes made in response to the issues that led to the union vote in the first place. Taking Action Win or lose, restoring a positive culture after a union campaign is critical. Remember that even if the union gets voted in, a collective bargaining agreement is not permanent. It has an expiration date, so your goal is to make employees not want a union. They can decide to pursue decertification at a later date, or not vote to renew the contract. Employees need to see action on your part. You may need to revise your grievance procedures, improve the communication process, offer more learning opportunities, or revisit work schedules, to name a few. If a union campaign took place, it means the company's leaders need more training in effectively communicating with and engaging employees. Engaged employees are unlikely to vote for a union or to disrupt the workplace or resent coworkers or supervisors. One of the first items to look at is the employee feedback process. It's natural for people to avoid actively seeking employee complaints, but that is the managers' role. Solicit employee issues, so there are no surprises. Your managers need to know how to listen actively and how to give and receive feedback. The second thing to consider is whether there is a process for ensuring employee grievances are being addressed. When people don't believe they are heard, or are being patronized, they become resentful. The research has shown many times that employees' trust issues with managers are largely due to poor management communication skills. A study by Ultimate Software uncovered some eye-opening information. The survey of 2,000 employees found there is a communication breakdown. 55 percent of employees agree their managers are transparent; while 45 percent of managers never received formal management training. 75 percent of employees said approachability is the most important manager quality. Only 50 percent stated they have an approachable manager. Never-Ending Employee Engagement Process Communication builds trust, and trust is needed to return to the business at hand – providing high-quality customer service. A "Best Place to Work" winner, Kevin Kruse, talks about research based on 10 million workers and his own experience as pointing to this conclusion: people feel engaged when they experience growth, recognition, and trust. He also points out that engagement is not a "nice-to-have." Engagement establishes a link between productivity, customer loyalty and service, and the bottom line. The side effects of a union organizing drive on employees endure long beyond the immediate consequences of a vote that is won or lost. It's just another reason to stay union-free. Engaging employees is a never-ending process before, during, and after a union campaign. Ultimately, your leaders need to be good at it – win or lose.
0 How Unions Hurt Workers: The 2019 GM Strike Table Of Contents 1 Employees Hurt the Most by a Strike 2 Bailing Out the Union? 2.1 What Is the Union Doing Now? 3 Losing Money... 4 Union Complaints 5 Fighting for the Past 6 What's Next for the GM Strike? 7 Who Suffers Most During a Strike? 8 Unions Using GM Employees for a Long-Term Strategy 9 Stay Union Free It's a fact that the number of union strikes have been increasing the last couple of years – especially among hourly workers like hotel, hospital workers and convenience store employees. We've also seen work stoppages involving teachers and various manufacturing workers. The United Automobile Workers (UAW) strike against GM is one example of how unions hurt workers. Because of General Motors participation in the 2008 federal bailout plan, there are some unique - and fascinating twists. What happened during the Recession is key to understanding what is going on now. However long the UAW strike against GM lasts, it's a good reminder for employers that strikes still take place in the public and private sectors, and their negative impacts are felt inside and outside the business. The GM strike is an opportunity to educate your managers and supervisors on the importance of staying union free and the ramifications of a strike on employees and the communities of operation, as well as the company. Employees Hurt the Most by a Strike The reality is that a strike hurts the workers the most. They don't hurt the union. In fact, union leaders see a strike as a chance to get some nationwide publicity as an organization helping the "little guys" take on the big bad abusive employer. Strikes don't hurt permanently hurt the company because a large company like GM has a contingency plan and is prepared to keep operating without the striking workers by taking steps like temporarily shutting down some plants and consolidating operations. It's the workers that are hurt, encouraged by the unions and some politicians to subject themselves to loss of income and job stability. Instead of encouraged, it should read that workers are "used" by the unions and political parties to push their agenda. Unions thrive on making employers look bad, and politicians that believe America's big businesses take advantage of employees use the strikes as proof. The general line is that, "If employees are willing to suffer a loss of income, benefit and job stability, the workplace policies must be abusive." The negotiations for a new 4-year collective bargaining agreement started July 16, 2019, and two months later the strike began after negotiations reached an impasse. On September 16, 2019, more than 48,000 union members at 55 plants in the Midwest and South GM factories went on strike. Bailing Out the Union? One of the most glaring twists to this story is the fact General Motors would likely be out of business if not for the $49.5 billion taxpayer bailout during the recession. The company was in serious financial trouble before the recession, but it didn't declare bankruptcy until 2009. After the company paid back the bailout money it agreed to pay, taxpayers ended up covering $10.6 billion (or $11.2 billion by some estimates). The union did make concessions during the recession, but there were twists to their seeming generosity. One is that it was either make concessions or be unemployed and lose their pensions. The other is that many people believed that weak GM management had negotiated too generous collective bargaining agreements with the UAW. Union workers were overpaid and had too generous benefits, and that contributed to GM's financial problems and being unable to survive a recession without government assistance. What Is the Union Doing Now? The union storyline today is that union members bore a "significant portion of the pain" required to restore GM's financial health. A New York Times headline read, "G.M. Workers Say They Sacrificed, and Now They Want Their Due." This is the foundation of the strike today. Union members have bought into the union stance that they suffered to help GM in 2009, and now GM is taking advantage of them. The opposing viewpoint is that unions did make concessions, but the uncompetitive wages were largely responsible for GM's financial instability. The UAW was given preferential treatment during the bankruptcy proceedings. Usually a bankruptcy leads to wages being dropped to a competitive level, but in this case union wages were not cut. GM was in trouble before the recession because of the exorbitant compensation paid to union employees and competition. Now the union says this about the current strike, "We are standing up for fair wages. We are standing up for affordable quality healthcare." They continue, "We are standing up for our share of the profits. We are standing up for job security for our members." So, what exactly does all of this mean in the real world? Losing Money... In 2007 and 2008, GM lost $70 billion. At the time, the labor costs were approximately 45 percent higher than the labor costs of competitors. The level of compensation was untenable and likely would have eventually driven GM into bankruptcy even without the recession. Was the union standing up for the little guy by helping the company go broke? For example, production workers were paid 95 percent of their salaries when temporarily laid off. Union workers back then made approximately $31 per hour plus bonuses and had full benefits that included a lifelong pension. One of the concessions made before the recession was that permanent people hired after 2007 could start at $17 per hour and work eight years to reach $29 per hour. Another concession is that union workers have 401(K) retirement plans instead of pensions. The union agreed to forgo cost of living wage increases and a four-year wage freeze. Workers also had to start paying a 3 percent health care cost-sharing amount. All workers get a nice health care package, with the only difference being the temporary workers don't have vision and dental benefits. GM's temporary workers earn approximately $15 an hour. Since 2010, GM has paid out $80,500 each to permanent hourly workers as bonuses. Union Complaints The union's complaints cover a range of items. One is that they don't like GM's planned change to use more temporary workers which currently account for 7 percent of the workforce. The union wants a cap on the number of temporary workers. Minimum pay for temp workers is at $15. They don't like the fact there are two very different pay levels in the workforce so want the pay leveled out between the pre- and post-2007 workers hired. They want entry-level workers to reach $30an hour within 3-4 years. Top production wages are at $33 per hour. Unions don't like the fact GM plans to close four plants, will build the Chevy Blazer in Mexico, and already laid off 2,800 employees with plans for more layoffs. The unions don't like GM's request for union members to contribute 15 percent of health insurance costs. All of these company changes the union doesn't like are used to justify the strike. Here is the reality. GM is facing intense competition from foreign vehicle manufacturers. Earnings are falling. The company cannot afford to pay everyone on an equal basis and needs to cut, not increase, labor costs in order to stay competitive. GM needs to increase the number of lower-cost temporary workers so there is more scheduling flexibility. The union points to a 2018 GM profit of $12 billion, but revenues were only 1 percent higher compared to 2017, an indication of coming financial problems. However, GM announced a restructuring last November and needs the profits to pay for the restructuring and protect itself against a future economic downturn and the competition causing further revenue declines. Fighting for the Past Here is what GM offered during the contract negotiations. The company said it planned on investing $7 billion in eight plants in the U.S. GM said it would adding 5,400 jobs and an $8,000 signing bonus after contract signing. The company offered a new profit sharing formula that increases the amount permanent workers would get, and workers are already averaging $10,000 each on an annual basis. However, the new offer did not include temporary workers in the profit sharing. GM also said it would build batteries and electric pickups in Detroit-Hamtramck and manufacture battery cells in Lordstown, two of the plants targeted for closure. There are two cities where GM plants were closed. This strike has many elements reflecting a clash of the past with the present. Unions want to continue to do business the old way. They want companies to hire mostly full-time permanent workers, guarantee schedules, not plan plant closures as a strategy for company survival and increase the total compensation package, including profit sharing. One striking worker said the union told us, "We're fighting for, honestly, a thing of the past, where health care is provided by the employer." GM wants to do what it takes to secure a strong company future so that people have good employment for decades. As GM earns profits, the unions believe compensation and benefits should increase, even if those profits are used to build or modernize facilities and equipment and establish a contingency fund to carry the company through the next recessions. What's Next for the GM Strike? The union wants GM to agree to a permanent path for temporary workers to reach permanent status. This defeats the whole purpose of hiring temporary workers, a trend occurring across industries. Unions are never satisfied. GM offered to retain all healthcare benefits and add new coverage for allergy testing, autism, and therapy care. As mentioned, GM workers currently pay 3 percent of costs, and GM has offered to come down from the 15 percent requested. However, 3 percent is significantly less than what most employed people play. Currently, the national average for employee cost-sharing of health benefits is 28 percent. GM offered two percent raises in alternating years and 2 percent lump sum payments, also in alternating years. The union says it is not enough. GM offered to keep or retain the 5,400 jobs with half of them new ones. The union doesn't think this is good enough because, of course, they want to increase their membership. Who Suffers Most During a Strike? You may think a company suffers as much as or more than workers during a strike. That is the message unions give workers. If union members didn't believe that, there would be no reason to go on strike. The whole purpose of a strike is to hurt the business so the employer caves in to union demands. Of course, strikes are a powerful example in which unions hurt workers. However, consider the fact it's the employees walking picket signs in all kinds of weather. It's not the employer. As the strike starts its second week, it's the employees who will have to live on $250 per week strike pay after the eighth day of the strike. It's the workers who toss-and-turn at night while wondering how they will support their families pay their bills. During the first week of the strike, GM chose to shift the cost of healthcare payments for striking employees to the union, in order to help make up for likely stalled vehicle production and to demonstrate the costs the company carries (over $900 million each year) to provide excellent benefits to its workers. The unions will have to pay the money for health insurance out of their strike fund, including for COBRA payments for hourly employees. The strike fund does not cover vision, dental, and hearing, so all workers are penalized again for striking. Unions Using GM Employees for a Long-Term Strategy Unions are also using the GM workers for a larger strategy. If the unions can get concessions from GM, the plan is to do the same during talks with other auto companies like Ford. Politicians are also using the workers. Not long ago, AFL-CIO President Richard Trumka sent a public warning that Democrats shouldn't take the support of union workers for granted because they aren't doing enough in terms of influencing labor laws to favor employees and are supporting the Green New Deal which will cost unions members their jobs. It's not surprising people like Presidential candidates Elizabeth Warren and Joe Biden are publicly aligning themselves with the striking employees. They need union votes to win an election. Unions always have an agenda that begins with protecting its own organization. A strike is where unions hurt workers the most. Strikes lead to worker financial hardship and cause harm in community relations with their employer. There are ripple effects too. For example, 4,500 Unifor union employees have been laid off in Canada due to the U.S. strike, GM suppliers are already feeling the loss of business and facing layoffs, and communities are experiencing negative economic impacts. When union members strike, they cause harm to many more people than themselves. The unions don't talk about these kinds of issues because it would damage their efforts. Stay Union Free Unions use words like "sacrifice" and "taken advantage of" to appeal to people's emotions. They don't talk about local businesses hurt by the strikes. They don't make mortgage payments for their members. Additionally, they don't offer to increase strike pay to put food on people's tables. Ultimately, they don't recognize or address the ways unions hurt workers. All of this is a good reminder that keeping a business union free remains an important strategy for long-term business sustainability. Educate your leaders and employees on unions by taking advantage of communication tools like video, web and eLearning, engage your employees and be transparent about changes needed to remain competitive. It's the path to becoming an employer of choice with a workforce that has no need for unions.
0 How Do I Get Started With A Dark Site for Union Organizing? So, you're ready to get started with an employee-facing labor relations website! Your dark site for union organizing may be the first step in a proactive UnionProof strategy, or a small part of a larger plan... or you may already be in the midst of a union organizing drive. No matter what the circumstances, the process of creating what we call a "UnionFree.com" site can be overwhelming, so I'm here to help guide you through the process. What is A Dark Site for Union Organizing? First, what is a "dark site" and why would you need one? The concept of a website fully built, but not visible to the public, was first developed for companies to prepare for times of crisis. A natural disaster of any kind, server hacks or a data breach are all compelling reasons to create a dark site. But creating a dark site for union organizing is crucial for one reason: response time. Today's union organizing drives are shorter than ever, and as an employer, you want your employees to have all the information before they decide on unionization. Based on the need for a dramatically reduced response time, you'll want to consider your goals for your dark site. Is your primary objective to educate employees? Or keep them informed on the latest developments? If course, you're ultimately preparing to communicate during a (fingers-crossed, hopefully-never-gonna-happen) union organizing drive. No matter which of these - or a combination of all - is your primary need, you want to consider your audience and your company's culture. Overall, before you begin building your dark site, make sure it will resonate with employees and feel authentic. Don't just emulate another site because it looks or feels good to you. The whole point of custom development is to make sure your labor-relations focused message is heard, understood and retained. That begins with connecting with your company's culture. Step One to A Dark Site: Identify Your Team Step one of creating an effective dark site for union organizing is to gather your team. A UnionFree.com website is an official company communications tool on a sensitive and important subject, and will likely need to have input and sign-off from various departments. Consider including members of Human Resources, Employee Relations, Labor Relations, Communications/Public Relations, and your Legal team All of these team members will not need to be involved from the beginning, but knowing who to contact for what you need throughout the web development and launch process will help things go smoothly. Let every member of your dark site team know you may need them. This way, when you ask for materials or assistance, you won't have to get them up to speed Step Two To A Dark Site: A Memorable Domain Name Most clients post their website online using a custom domain name (URL). A dark site for union organizing is only as useful as it is easily remembered! Begin thinking about what domain name you want to use. Remember that you (and all your leaders) will end up repeating that web address again and again. If your workforce is accustomed to using an intranet to stay up on company news and developments, you may want to consider connecting your dark site there for ease of navigation. However, that can also be limiting if family members - often a powerful influence during union organizing - aren't able to access your site. Tips on choosing your domain name for your UnionFree.com site: Including the company name often increases availability, but it’s not a necessity Nothing too long Adding “my,” “our,” or “your” to the address can make it feel more inclusive and personal Consider words like: voice, facts, informed, works, together, resource, essentials or vote to keep a more positive tone (note: using “vote” in the domain name would be best for post-petition use only). Make sure the web address doesn’t inadvertently spell another word If there’s any negative-sounding version of the URL address that the union could potentially purchase and use, it's a good idea to secure that URL, too. Step Three To A Dark Site: Do You Need Protection? You also have the option to password-protect your dark site. Some companies think that password protection will keep the union out of the site, but honestly, it won't. If you've provided the password to employees, union organizers will have access within minutes. With a single, universal username and password you're able to keep the general public out of the website. As most dark sites for union organizing are fact-based, transparent, and within all legal requirements for communicating during a union campaign, our clients often choose not to password-protect the site to make access that much easier for employees and their families. Step Four to A Dark Site: Gather Your Visuals As an official company resource, it’s important that your site look official. Make sure you're using the latest version of your company’s style guide or brand book. Your marketing team should be able to provide you with logo usage and design guidelines. This includes brand colors, graphics, fonts, etc. Brand consistency means that your site is instantly identifiable, inspiring trust among employees and that all-important secondary audience at home. Pictures are a big part of helping employees connect with your message. Images of people are preferred, but always make sure you have permission to use pictures of actual employees. If you don't, stock photos or pictures of managers can also be highly effective. You can use easily recognizable pictures of your work location -- places that employees will recognize -- to truly personalize the site. Online videos will also help to illustrate your message. Employees are used to receiving a huge percentage of their information via online video, so connecting with them in ways they already expect can be a huge advantage. Step Five to A Dark Site: Gather Your Content To make the process easy for you, many elements of your UnionFree.com site can be pre-determined, including union-specific data, navigation, and various elements of interactivity. But the power of a custom site is incorporating your company content. Additionally, pre-determined content pieces should also be tailored to meet your needs. Here’s a list of the company information you can start pulling together before your dark site goes into development: About the Company Brief overview, mission, vision, values Company awards and accolades (for employee-centric efforts) Community involvement/service Philosophy/Position on unions Communication programs, policies and/or tools available to employees (Open Door Policy, newsletters, employee surveys, company meetings, etc.) Current list of benefits Company Culture - What makes your company a great place to work, from your employee’s perspective? Career & development Employee recognition programs / service awards Diversity & inclusion Perks Employee volunteer programs Programs/incentives/awards-specific to the location Step Six To A Dark Site: Your Launch Plan If you're actively preventing unionization, you can launch a dark site for union organizing as soon as the site is ready. But if your plan is truly to have a dark site, you may prefer to delay until the union is actively organizing, providing immediate truth, regardless of the promises organizers may be making. Still another option is to launch the site as soon as the union files a petition with the NLRB for a secret ballot election. Regardless of when you choose to launch, you'll want to make use of your launch & engagement toolkit, part of every UnionFree.com site. This toolkit provides you with a variety of communication options from letters home to live meetings, posters and electronic signage, even wallet cards and an email swipe file. Dark Site Launch Timing: What’s the difference -- content-wise? A pro-company/union awareness website is always on and available to employees. It typically includes your company’s position/philosophy on unions, positive company information -- company culture, employee engagement programs, communication tools and employee rights. You can include as much or as little union-related and/or union-specific information as you need. A pre-petition dark site is very similar to the pro-company version, except it’s only launched in response to union activity and goes "dark" again when your team feels it's appropriate. And lastly, a post-petition dark site for union organizing goes live with union-specific information on finances, authorization cards, the union's constitution, negotiations and strike stories, with videos and calculators, campaign materials and election day details and procedures to encourage every employee in the bargaining unit to vote. Step Seven To A Dark Site: Don't Panic! Now, don’t be overwhelmed! You don’t need to have all of this ready or decided before we begin, but it certainly helps to be familiar with these concepts. Our team will share other dark site samples to get an idea of the most effective approach for your site. We’ll discuss your company’s needs and the content in detail; and answer questions you may have about the web development process or the website itself. Since 1999, we've literally created hundreds of UnionFree.com sites for union organizing, both dark and live. Our team will be there with you through every step of the project to offer our knowledge and guidance. Ready to get started? Learn More Here!
0 Union Organizing Response Plan: Five Steps for CEOs Table Of Contents 1 Develop A Clear Communication Strategy 2 Define The Employees Who Are Supervisors And Meet With Them 3 Assign Responsibilities To Specific People 3.1 CEO & Senior Leadership Responsibilities 4 Prepare A Contingency Plan For Work Stoppage 5 Be Ready With A Vision For After The Campaign Is Over 5.1 Hire a Labor Professional "That's ridiculous!" says your CEO upon hearing a union is trying to organize employees, "I'll talk to the employees myself and tell them they can't do this." While understandable, this is not a productive response - you and your CEO need a union-organizing response plan. In fact, this kind of response is very likely to lead to grievances that claim violations of the National Labor Relations Act (NLRA), the law that protects employee rights. The NLRA gives them the right to discuss workplace conditions, compensation, and ultimately the possibility of unionizing. If that's the wrong CEO response, what is the correct one? The correct response is a measured one that protects employee rights while exercising employer rights. You do have rights, but those rights require a careful response that is based on knowledge of the law and National Labor Relations Board (NLRB) decisions. One of the critical roles of labor consultants or labor attorneys is helping employers develop a legal, carefully thought out and appropriate response to union organizing efforts that doesn't give unions or union supporters anything they can use to advance their cause. Develop A Clear Communication Strategy Savvy companies have been communicating the company perspective on unions all along, but now is the time to develop a clear communication strategy. The CEO should not suddenly call the employees together to give a speech on how unionization will lead to layoffs and terminations or how the business will have to close a plant because of increases in payroll costs. Ideally, the company has a dedicated web page that presents the company's viewpoint on unions and reinforces that viewpoint during the new-hire onboarding process and in employee training resources. The webpage is always up and accessible. A good idea is to have a dark website that can be rapidly amended to address the specific circumstances of the union organizing effort and quickly made accessible. The dark website addresses the reasons the company opposes unions and reinforces the advantages of working for your company. Your union organizing response is based on facts and not exaggerations or fear-mongering. A critical step in developing a clear communication strategy is identifying the persons responsible for ensuring the communication materials are managed, regularly updated, and released as necessary, ensuring all employees have access to the information in some form. They include videos, corporate webpages, dark websites, posters, newsletters, and management communication systems. Define The Employees Who Are Supervisors And Meet With Them In any union organizing response, it's important to first identify the people who meet the legal and NLRB definition of a supervisor. These are the people who can hire and fire employees and have been given the right to speak for the company. Once people who are legally supervisors are identified, the next step is to meet with them to reinforce the company's position on unions and the importance of following the law. Your supervisors can help the situation from getting worse by presenting the facts, knowing how to respond to employee questions, and promoting the company's benefits. As part of the union organizing response, your CEO should meet with your front-line leaders to provide the facts and the truth without filtering. Assign Responsibilities To Specific People When union organizing becomes a reality, it's important that people in the organization know their specific responsibilities related to union organizing activity. It's not unusual for organizations to find they haven't done a good job of keeping people informed as to what they are allowed to do and not do. For example, there have been numerous NLRB decisions concerning the material that can be posted on a bulletin board. One supervisor walking by a bulletin and ripping off a notice about a union organizing meeting can lead to a grievance, additional legal expenses, supervisor training, and management time spent trying to re-engage employees. CEO & Senior Leadership Responsibilities As part of your union organizing response, your CEO and senior leadership team need to assign specific responsibilities for directly communicating with employees. This includes updating existing union-related materials, and refreshing and delivering manager and supervisor training on their rights per labor law (think TIPS and FOE rules). You'll also want to prepare communication and education materials, create a plan for responding to grievances, secure the facility, and communicate with union representatives. One of the most important responsibilities is identifying the specific reason employees are considering unionizing, and addressing those concerns. As part of your union organizing response, consult with a labor attorney or labor consultant to assist with an analysis of the issues and appropriate responses within the context of labor law. Keep in mind the union will not invest resources in union organizing unless it believes it has a good chance of succeeding and has already gained the support of some of your employees. Think of CEO union organizing responses that go like this, "Let's poll employees as to whether they are each for or against unionizing," or "They don't like working the third shift? Fine. I was going to eliminate those jobs anyway and run the plant with day and swing shifts." Oops…both plans violate labor law. On the flip side, NOT communicating with employees, out of fear of saying the wrong thing, is a major mistake. It gives the appearance you don't care about your employees or whether they organize. You also give free rein to union organizers to say whatever they want about the workplace and employer policies. Prepare A Contingency Plan For Work Stoppage A work stoppage contingency plan is a business continuity plan in the event operations are interrupted due to a labor dispute. The plan considers many aspects of a strike or work slowdown. Your union organizing response should include planning for the level of production that will be maintained, facility access control, responses to criminal complaints should police get involved, size of the workforce to maintain, the chain of command during strike operations and procedures for getting shipments in and out of the facility. Securing the facility and deciding who will deal with unlawful picketers or strikers is critical. It's probable that some of the normal workplace rules will be suspended and new ones temporarily put into place, and they must be communicated to the appropriate people. If you followed step three, there are people assigned to implement and manage the revised procedures. Also crucial is workforce planning in terms of the size of the workforce, who will assume temporary additional duties to keep operations going, who will continue communicating with customers and other external stakeholders, scheduling, and other Human Resources related activities. There are companies offering expertise in work stoppage operational and security contingency planning. Two of the largest companies are AFIMAC and MADI. They can assist with developing work stoppage plans and providing contingent staffing as part of your union organizing response. Be Ready With A Vision For After The Campaign Is Over After the union campaign is over, management should have a plan in place for reviewing the event. No matter the outcome of the union organizing attempt, the union campaign effort is a learning opportunity. Prepare to publicly reaffirm your organization's vision and its commitment to an engaged workforce. Anytime employees consider unionizing, it means there are personnel issues to address; policies and procedures that may need changing; and current processes or systems that need updating. For example, plan to do a thorough review and update of your onboarding process. It's important to communicate the employer's perspective on unionization at the earliest stage of employment. The management-employee communication processes need review and updating too. If you didn't previously have a dedicated webpage explaining the company's position on unions and the many benefits you offer that make unions unnecessary, it's time to add one. The communication process should be reviewed for its ability to reach all employees, positive messaging (strengthen its positivity), and effectiveness at enabling two-way feedback between employees and management. Do all employees have a voice? Do managers listen and respond to employees? Pulse engagement surveys can be instituted as a measurement tool. Hire a Labor Professional It's wise to hire a labor consultant or labor attorney to review current Human Resources policies and procedures to determine if any violate labor law or need clarification. You need a legally sound system for unbiased hiring, promotions, compensation, performance reviews, and termination. Since there has been a planned or actual attempt to start a union campaign, you need to union-proof your talent management system so there are no future attempts. The grievance procedure needs review also. Perhaps it's time to adopt Alternative Dispute Resolution (ADR) for resolving conflicts and workplace issues. ADR is a procedure in which a neutral party helps employees and their employer come to an agreement and avoid litigation. Above all, immediately improve leadership training. Many NLRB cases and successful union organizing attempts result from the actions of middle managers and frontline supervisors. Unfortunately, some organizations offer training only to the higher levels of management, but it's the frontline supervisors who create some of the highest risks for unionization because they interact with staff members on a routine basis. The employee problems end up routed to middle managers where a poor decision violating labor law can blow up into a union campaign. Leadership during union organizing takes on a whole new meaning and importance. Developing a union-organizing response plan for - and with - your CEO is an important step in staying union-free. Clearly, keeping unions out of the workplace requires diligence and expertise, and good communication skills. The ultimate goal of having a response plan in place is to not make a bad situation even worse through bad senior leader decisions.
0 Three Union Avoidance Strategies And Their Effects Table Of Contents 1 The Importance of Positivity To Stay Union-Free 2 Strategy One: "Stop An NLRB Election from Ever Taking Place" 3 Strategy Two: "Hire Non-Traditional Employees" 4 Strategy Three: "Develop A Quality Workplace with Engaged Employees" 5 Accentuate the Positive: Implementing Strategy Three 6 Scientific Proof On Staying Union-Free For most things in life, there is a right way and a wrong way to pursue goals. This holds true in the workplace also, and especially when it comes to issues involving unionization. Staying union-free is challenging because unions are relentless, using a variety of tactics that funnel down to achieving two primary goals - convincing employees they really need union representation, if they want fairness in the workplace, and blocking employer efforts to keep the union out of the workplace. In 2004, Mark Carter at the University of Rhode Island published the research paper, Union Avoidance Practices: Differential Effects of Three Strategies. In it, he reviewed three main strategies that employers utilize to remain union-free. The three strategies are called "influencing an NLRB election," "strategic hiring" and "quality of work-life and alternative work practices." The strategies are still applicable today in principle, but many things concerning unionization have changed too due to new laws, NLRB decisions, and social media. The Importance of Positivity To Stay Union-Free One of the first things to keep in mind is that "avoiding unionization" is really not the same principle as "staying union-free." To say your business is avoiding a union implies the union is already interacting with employees in some manner (or is expected to), whether it is meeting secretly outside the workplace with employees or openly working to gain new, dues-paying members. Avoidance is a negative principle, implying repudiation and manipulation. It is much better to follow a positive strategy of staying union-free by focusing on developing an engaged and committed workforce that sees no need to unionize. You don't repudiate union actions. You engage employees. The difference between "union avoidance" and "staying union-free" might seem like mere semantics, but the mindset goes far deeper. Developing a UnionProof culture, in which employees have no interest in unionizing means the employer has invested resources in developing employees who are more knowledgeable, connected, and socially aware. UnionProof employees feel more empowered than employees working for companies that "avoid unionization." When workers turned to unions decades ago, they wanted things like higher pay, better benefits, seniority rights, job security, and fair grievance procedures. Today's employees may want some of these same things, but they consider things like the value of their work, engagement, corporate social responsibility, and collaboration as equally, if not more, important. In fact, today's younger employees don't need unions for many of the issues that their parents and grandparents organized for over the decades. Laws address the basic issues, like minimum wage and security of pension accounts, with more regularity. For example, in 2019 laws in 20 states take effect that raises the minimum wage. Unions have staged protests, lobbied for and of course, take credit for these increases, but even they recognize that better laws make them even less relevant, so they are now putting time and energy (and dues money) into new issues, of interest to younger employees, like corporate transparency and CEO pay. To UnionProof your business today, it's important to develop a positive relationship with employees. You can go negative, but at what cost to employee relationships and employee productivity, and for how long? Negative strategies lead to a vicious cycle of negative employee-employer relationships that will lead employees to pursue unionization again. As an employer, you don't win if a union loses a representation election but your employees become disengaged and resentful and remain ready to pursue unionization in the future. Let's take a look at Mark Carter's strategies, and understand the science of them - and their effectiveness. Strategy One: "Stop An NLRB Election from Ever Taking Place" The first experiment Carter tested involved the employer acting in ways that would hopefully prevent a National Labor Relations Board (NLRB) election from ever taking place. An NLRB election requires a minimum of 30 percent of employees to sign a petition asking for an election. The goal of this approach is to convince enough employees they don't need a union, so the 30 percent figure is never reached. This is a negative strategy because it usually involves the employer saying drastic things to scare employees away from signing a petition. It's a very difficult strategy to implement today because employers are not legally allowed to do or say anything that can be construed as interfering with an employee's right to pursue unionization. Over the years, the NLRB and courts have applied liberal interpretations of what is "protected, concerted activity" by employees and what can be considered as interfering actions by the employer. The employer cannot try to stop union organizing by threatening employees with job loss, business closure, benefits reductions, or a moratorium on promotions or other negative events. These kinds of threats are considered unfair labor practices. Even if the employer succeeds in stopping the NLRB election by using this strategy, a lot of damage is often done to the employee-employer relationship. You cannot overtly or obscurely threaten people and expect them to remain committed to the organization. A culture of intimidation is created, and that type of culture will lower productivity, create workplace stress, and increase turnover. Today, a culture of intimidation will also lead to employees posting critical social media comments, under the auspice of protected concerted activity, for all to read, publicly damaging the company's reputation. However, on the positive side of the scale, there are many things you CAN do and say to educate employees on the impact of signing a union card to authorize a union election. One of the things you can count on is that union organizers will often tell employees that signing the card is "no big deal" because it's not a vote for unionization. They likely won't tell employees that, if they get more than 50 percent of eligible employees signing the card, the union card does become their vote for the union! Unions will also offer online and offline signing options, in most cases, to make it as easy as possible for your employees to sign authorization cards. Employers have the legal right, verified by the NLRB, to explain their position on card signing and to inform employees about the laws protecting their rights to sign or not sign the card and the potential consequences. So, trying to stop an NLRB representation election from ever taking place would have, in the past, been considered a considered negative strategy, but with the right employee communication, it can be turned into a positive and legal strategy. Strategy Two: "Hire Non-Traditional Employees" The second experiment Carter called "strategic hiring," but a lot has changed since he concluded his research. In this strategy, employers intentionally hire part-time and temporary employees, or use a staffing agency or contracted workers, in order to avoid labor law requirements concerning pay, benefits, and work schedules. The plan under this strategy was that people weren't eligible to petition the NLRB for an election because they weren't regular employees, or were employees of another company. In recent years, the NLRB changed the definition of an employer from one with “indirect” control to one with “direct” control, which means that companies could be viewed as a joint employer with regard to another company’s workers if they directly control the vital employment terms and conditions. So today, more part-time and contracted workers are seeking union representation because they believe employers are taking advantage of them. These "non-traditional" employees are increasingly unwilling to sit back and accept what they consider unfavorable work status and conditions. Millennials in these positions, in particular, object to low job security, having little or no voice in the business, and being ineligible for benefits. Large groups of atypical union employees, like contracted tech workers and part-time food service workers, and adjunct faculty, have been pursuing traditional unionization or are forming union-like organizations on their own. Employees recently began using technology as an organizing tool too. You may not even know your part-time or contracted technical workers are conspiring online to organize. Unions are getting more aggressive about disputing people classified as independent contractors when they're really employees. The unions say the rampant use of misclassification is intended to reduce labor costs and has the consequence of preventing employees from having NLRA rights, including the right to unionize. This is their attempt to force employers to classify people as employees. Once an employee, a person can sign an NLRB election petition. Over the last decade, the "strategic hiring" strategy is much less effective than it was in the past, as younger workers consider alternate forms of organizing. Also, more and more companies are offering benefits to part-time and temporary workers in response to the ongoing labor shortage, so they aren't saving as much money as they once did. It's also likely that employers with large groups of people who aren't employees are having difficulty developing an engaged workforce, so the entire organization is harmed. Employers are much more likely to engage employees by taking positive steps rather than steps focused on avoiding labor laws. Steps include hiring people for the long term who have the right skills and competencies, providing high-quality training and development opportunities, and meeting employee needs in terms of things like fair pay, good benefits packages, job security, flexible work schedules, effective leadership, and open lines of communication between employees and management. Positive strategies always trump negative strategies. Strategy Three: "Develop A Quality Workplace with Engaged Employees" At UnionProof, we believe employers should employ a positive strategy to stay union-free because it brings a number of advantages. Strategy three is a long-term strategy for remaining union-free because it focuses on developing a positive culture in which employees are engaged and have good and direct relationships with management. The positive relationships mean employees are comfortable bringing up issues of concern with management, and there is an effective grievance procedure in place. Employees have a voice in the workforce, which is empowering. In other words, there is no reason for employees to unionize and pay dues to an organization when they're satisfied with the employer and the workplace. The Nissan plant in Canton, Mississippi is a good example. A union vote was held, and 63 percent of the auto workers voted against the United Auto Workers Union. One of the main reasons for the election outcome is that employees believe they can work directly with management and don't need an intermediary. Of course, in typical union fashion, the UAW claimed the employer committed seven unfair labor practices and asked the NLRB to invalidate the election. The cost of unionization is high and continuing, even when the union doesn't succeed. Ideally, an election should have never been held. Even when unions lose elections, the workplace suffers, including increased resentment among union-supporting staff members. There is also no assurance the union will give up. Though Nissan employees made it clear through their vote that they don't want a union, there was at least 30 percent of the employees were interested enough to petition for an election. These are dissatisfied employees, and they are the reason unions keep trying. In 2014, Alabama workers at the Mercedes-Benz auto plant asked the UAW to stop campaigning because they were tired of the union's unsuccessful campaign efforts. This third strategy of developing a quality workplace includes being transparent about the employer's beliefs about unionization and the potential consequences of unionizing. Consequences include things like jeopardizing one or more positive employee programs and forced payment of employee union dues that are the equivalent of a pay cut. Refusing to talk about unions only makes employees believe their employer has something to hide. Developing a quality workplace and an engaged workforce requires a collaborative and positive management style, which the research author calls "commitment management." Employees have autonomy and the ability to make decisions about their work. They internalize company goals, meaning they mesh with personal goals. People are hired with the intent of helping them develop a long career at the company, giving them a sense of security. Management includes employees in the decision-making process and offers a grievance procedure that works well in terms of fairly settling employee issues. Ideally, there are few formal grievances filed because there is good communication between employees and their supervisors. These are just a few of the many things that companies do differently to stay union-free. Numerous studies have shown that an engaged workforce are more productive. Gallup research also found that companies with a high-engagement culture experience more than four times earnings-per-share growth compared to organizations with a lower level of engagement, and achieve 21 percent higher profitability. Accentuate the Positive: Implementing Strategy Three How do you implement strategy three? There are some basic steps you can take. One is to communicate your company's union-free philosophy to employees with an orientation video on the first day of employment or during the onboarding process, which may start before the first day of work in some companies. Another step is to develop managers and supervisors who understand how to engage employees through good communication, leadership, feedback processes, and listening skills. They also need to get comfortable sharing the organization's views on staying union-free and learn to recognize signs that employees are in contact with unions. Developing a website for your leaders to regularly reference is a best practice. The website can address labor concerns; creating a UnionProof culture; the T.I.P.S. Rule and F.O.E. Rule; communicating with employees; educating employees on the company positives, like competitive pay and benefits and career development opportunities; and creating a quality of work-life for employees. Concepts like work/life balance, diversity and inclusion, social responsibility, and collaboration are especially important to younger generations of workers. Supervisors can also develop the skills to respond to organizing efforts via eLearning courses. Communication with employees should be frequent and high quality. There are a variety of ways to meet this goal today by using technology. Posting regular videos that employees can access at work or home and via mobile technology, some with messages from top executives is a good strategy for sharing information and reinforcing the company's philosophies, values, and policies. Videos can address a variety of topics like the NLRA, the cost of unionization, and current generous benefit plans. It is also wise to have pre-prepared an employee-facing dark website, ready to publish, should your Company receive a petition for an NLRB election. This type of proactive, factual online information source is vital whenever there are clear indications a union organizing attempt is underway. Your "dark" website can be designed to educate employees on the facts about unions in general as well as about the specific union approaching employees. A dark website isn't made available to employees until union activity makes it necessary. Scientific Proof On Staying Union-Free The research clearly demonstrates that working toward creating your UnionProof culture and becoming an employer of choice is really the only proven strategy to keep employees union-free. Negative, outdated strategies are too risky. They may achieve the expected outcome - preventing an NLRB election - but your company's reputation, relationships, and culture will surely be negatively impacted. The potential cost is too high. Developing a supportive, collaborative culture and an educated and engaged workforce is the best way to UnionProof your organization.