0 Union Salting And What You Need To Know Table Of Contents 1What Is Union Salting? Is It Legal?2Who Is Intimidated By Salting?3Union Salts Have Eyes on the Services Industries4Recruiting Future Union Salts5Role of Recruiters and Hiring Managers in Identifying Salts6Best Offense Against Salting: A Culture of Engagement7Positive Employee Relations Are union salts in your workplace? Do you know the meaning of salting? Union salting in the services industry (and other industries) is a common practice and adds to a company's union organizing vulnerability. The National Labor Relations Act (NLRA), Section 7, is one of the most powerful laws passed in employment history. Unions use it as a tool for organizing because it gives employees the "...right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities..." As an employer, you do have some rights in the effort to prevent union organizing, but those rights have been eroded over time by legal cases and National Labor Relations Board (NLRB) decisions. As difficult as it is to believe, one of the Section 7 words challenged was "employee," and it arose from a case involving an electrical contractor dealing with union "salting," the process of union members applying for non-union jobs to secretly organize the workforce.IRI Consultants has helped countless companies discover their vulnerabilities to union organizing. There are resources such as custom videos, employee-facing websites, eLearning platforms, and labor relations training to help workplaces create an environment where unions aren't necessary. We've also written numerous informational articles and blog posts on topics surrounding labor law and labor relations and in-depth explanations of some of the more complex issues like lockouts, unfair labor practices (ULPs), and more. Now it's time to revisit union salting. The labor shortage creates a situation in which recruiters and hiring managers rigorously trying to fill vacant positions consider more job applicants than they might under different circumstances. It's a prime setup for union salts, requiring employers to exercise unfailing diligence in the recruitment and hiring processes.To protect yourself from something like a union salt, you need to know how they operate, their legal rights during interactions with employers, how to detect them, and what your rights are as an employer when they apply for a job. Identifying salts isn't easy because they are well-trained in what they should not say to give themselves away. What Is Union Salting? Is It Legal?What is union salting? Salting is when a union organizer acquires a job at a specific workplace with the intent of organizing other employees. Union salting has been used throughout the history of the labor movement, but mainly in the building and construction industry and manufacturing plants where traditional union blue-collar workers were most susceptible to union organizing. In 1995, the Supreme Court asked a critical question during a salting case: "Can a worker be an employee within the meaning of the NLRA if the worker is paid by the union at the same time to help with union organization?" The decision in the case of National Labor Relations Board v. Town & Country Electric, Inc. (U.S. Supreme court, No. 94-947) was "yes." The union and the employer can pay a "salt" (union organizer) at the same time. The court reasoned that employers can discipline or terminate a salt like other employees based on work performance or engaging in damaging activities, like sabotage. Employers could not treat salts differently than non-union employees during the hiring and employment processes, and as employees, salts have NLRA protections. In the Town & Country Electric case, the NLRB said the company committed unfair labor practices (ULPs) when it refused to interview or retain 11 job applicants because they were union members.As the services industry grows and the industries that have traditionally been the main source of union members shrink, like the construction industry, unions are looking for new sources of members. As a result, salting in various industries, including the services industry, is expanding, so savvy employers should understand the practice and what they can do to avoid hiring salts or prevent unionization should salts get hired. Union salting is legal, but employers should be aware that union salting has the attention of pro-union National Labor Relations General Counsel Jennifer Abruzzo. In her GC Memo 21-04, she indicates plans to "carefully examine" whether union salts are employees because most aren't interested in working for the employer. Her goal, as attorneys JacskonLewis explain, is to "Lower the threshold for "salts" (individuals applying for work, but actually sent by a union for organizing purposes) to be considered "employees" under the law and expanding the monetary remedies available to them." Currently, a salt is supposed to want to work for the employer in addition to recruiting employees for organizing. Though Abruzzo has not been specific about what "lower the threshold" means, it's a safe assumption that she wants to eliminate the need for a salt to actually want the job.Who Is Intimidated By Salting?It would be nice if a recruiter could ask, "Are you now, or have you been, a union member?" Unfortunately, that is not legal because it is seen as an intimidation tactic that infringes on employee rights. However, employers are more likely to feel intimidated because salts can drag the employer through one NLRB case after another in an attempt to force the employer to spend large amounts of money and time to defend itself against charges of unfair labor practices. In 2007, the IBEW targeted the Toering Electric Company for a salting campaign and used an "alternative strategy of imposing such costs on a non-union employer as will cause it to scale back its business, leave the salting union's jurisdiction entirely, or go out of business altogether." The decision in Toering (351 NLRB No. 18 at 4) set the practice of salting back a bit in that the NLRB decided that NLRA protections only apply to union job applicants who are honestly interested in employment. A union member could not apply for a job with the sole intent of getting the application rejected to file a complaint. However, in practice and due to NLRB's decision, salts are not limited by their intent to sabotage a business. It's nearly impossible to prove a person didn't want the job, even if paid by a labor union. Union Salts Have Eyes on the Services IndustriesSalts are found in many industries, some traditional and some not. The U.S. Census Bureau tracks vital industry statistics, and industries are shifting, and new employee perspectives on union organizing come with that shift. The construction industry has experienced ups and downs in employment. The U.S. Bureau of Labor Statistics reports that employment in the industry peaked in 2007 at 11.9 million, fell to 9.1 in 2010, continued to decline through 2012, and grew again to 11.4 million in 2020. Employment dropped again during the pandemic to 10.8 million. Thirty percent of construction workers were Hispanic, while other racial minorities were underrepresented, a point of leverage for unionizing. The construction industry is now on the upswing but is unlikely to reach the near 12 million mark again. The prediction is that 300,200 more construction jobs will exist in 2029 compared to 2019, and 60 percent of surveyed construction executives forecast an industry expansion in 2023. The construction industry is expected to experience a workforce shortage of 650,000 in 2022, which puts it back at the pre-pandemic level. As older workers retire and younger workers look for professional positions, unions are faced with continued declining membership.The manufacturing industry is undergoing a transition also, as the supply chain issues during the pandemic led to serious sourcing problems and cost increases. The manufacturing sector is growing, with more than 367,000 new jobs added in 2022. It's a resurgence of the blue-collar sector which is the traditional union membership base. However, demographics are impacting the ability to recruit new union members. As IRI Consultants discussed, manufacturing is not attracting younger employees. The manufacturing industry doesn't have an exciting image and remains locked in a blue-collar image despite the sophisticated technology now used in most facilities, like artificial intelligence and robotics.Most millennials are aging, and many are moving into management positions. There is a transition happening as Gen Z becomes the younger workforce members. Many millennials, like Gen Z, began their careers in the service industries as non-managerial employees in the services and tech industries. The services industries include tech, healthcare, finance, hospitality, wholesale, communications, customer services, retail, and various professional occupations. Millennials are now becoming managers and supervisors who can't join a union per the NLRA, and they are supervising Gen Z employees. However, millennials can form independent unions without NLRB approval and without affiliation with a traditional labor union.Unions are targeting services industries due to these economic and demographic shifts because they believe they can make the most and fastest gains. They want to stop the decline or stagnation in union membership and are having some success. Workers are organizing at Starbucks, Apple, Chipotle, hospitals, assisted living facilities and nursing homes, transportation and warehousing businesses, and most other services sectors. The unions experienced more wins in the first half of 2022 compared to the first half of 2021, and out of 54,260 workers eligible to vote, 43,150 organized (79.5 percent wins).Currently, unionizing in the services industry is a growing trend, especially in the fast food sector. At one time, people primarily worked in fast food establishments as transitional employment and not as careers. Today, fast food workers are often working multiple jobs to support families. Union organizers are using different strategies to convince employees that organizing to demand better working conditions benefits them. Luis Feliz Leon at Labor Notes said unions might make contact by salting and identifying leaders among employees who listen to them. "The organizer who is salting then builds a committee of worker leaders on the basis of having mapped the workplace to identify how workers organize themselves into social networks or workplace structures." In 2021, the Bureau of Labor Statistics reported that low unionization rates were in professional and technical services, finance, food services and drinking places, and insurance, all at a rate of 1.2 percent. These are natural targets for labor unions, especially food services and drinking establishments. By occupational group, unionization rates were lowest in food preparation and serving related occupations (3.1 percent), sales and related occupations (3.3 percent), computer and mathematical occupations (3.7 percent), personal care and service occupations (3.9 percent), and farming, fishing, and forestry occupations (4.0 percent). Once again, the lowest unionization rates are found in the retail, restaurant, computer, and personal care and service occupations. Personal care and service occupations include home health aides and personal care aides. In the eyes of unions, these are fertile grounds for recruiting young adults who are unhappy with their compensation, work schedules, and lack of employee voice in decision-making and who feel like they are already stuck in low-paying jobs with unrecognized career opportunities and get little recognition for their hard work. There is also fertile ground for unionization in technology and healthcare. In 2021-22, 54.9 percent of all unionized workers were in educational services, healthcare, and social services. Though the industry groups do include a large number of public sector jobs, a majority of the employees in healthcare are in the private sector, and one-third of workers are in education. What does this have to do with union salting? The industries most vulnerable to unionizing are the most vulnerable to union salting. Salts played a prominent role in supporting the union organizing efforts at the Amazon Bessemer Alabama facility and the Amazon JFK8 fulfillment center. In a small organization, a single salt is effective, like Jaz Brisack, a Rhodes scholar who took a job at a New York Starbucks store primarily to start a union campaign. In a larger organization, it takes more than one salt. Recruiting Future Union SaltsSince unions are always ready to pounce when detecting unhappiness in a workforce, they came up with a new approach. They are recruiting salts among recent college graduates so that the recruits can develop their skills as union organizers in the workplace. Unions target people who were activists in college, and once trained, salts will apply for low-skill jobs in the services industries like retail, hospitality, and logistics. The Young Democratic Socialists of America have made over 40 presentations on college campuses to generate interest in salting or taking jobs with the intent to unionize the workforce. The story of salts is one of disruption, so they keep a very low profile to avoid detection. Sometimes salts are willing to be interviewed anonymously, and what they say is of vital importance to employers who want to avoid unionization. Combine this with the use of social media for virtual union organizing, and it's no secret that salting can pose a problem for employers. The blog "Working In These Times" shares insights offered by millennial salts who used pseudonyms to hide their real identities and places of employment. During the interviews, it was made clear that salts are focused on causing trouble in the workplace. They use phrases like "maintain a level of militancy," "march on the boss" and "harass the managers till they hired me." Millennial salts also talk about feeling righteous, feeling a taste of power when they see fear in the eyes of employers, and feeling "clean" about purposely starting a lot of trouble in the workplace. The salts interviewed worked on shop floors, as sales clerks, and at places like Starbucks.In the book "Playing Against the House: The Dramatic World of an Undercover Union Organizer," author James Walsh discusses his job as a salt at casinos. He first heard about salting in college because some friends salted hotels as room service attendants and bellmen. Walsh eventually organized workers at two Florida casinos — Mardi Gras and Calder. He described how salting works.Salts build leadership committees that have sway with coworkers and are willing to confront managers about worker issues. Walsh spent as much time as he could with coworkers outside of work to get to know them, participating in many activities so that he could identify potential leaders. He also observed people at work to see who stood up to managers, marking them as potential allies. Walsh seldom discussed unions while at work as a buffet server and bartender. Role of Recruiters and Hiring Managers in Identifying SaltsMany employers are unfamiliar with the union salting practice. Identifying specific people as salts is difficult if they are extremely careful about hiding their role. Some salts don't conceal their union affiliation because they know the NLRA protects them. They know employers can't refuse to hire someone because of union affiliation or being a union sympathizer. Should you refuse to hire the person, an Unfair Labor Practice (ULP) will be filed based on discrimination. The NLRB would force you to hire the person and maybe pay lost back wages. There are ways to combat a planned salting campaign. They primarily fall into two categories: 1.) follow employment laws, and 2.) develop an organizational culture and leadership team that negate the need for a union in employees' minds. The first category of anti-salting strategies are things every employer should develop or do in any hiring situation and within the law. You can look for clues that a job applicant is pro-union and might be a salt. For example, the resume shows a history of positions with only unionized companies. Your leader cannot ask a job applicant about their union associations or volunteer work with labor organizations because that could lead to an NLRB complaint. Recruiters and hiring managers can listen carefully for union terminology used during the interview. However, a competent salt has been carefully trained by the union to not make these kinds of mistakes. Unions and salts practice answers to hundreds of potential interview questions. For example, a trained salt would not ask a recruiter, "Does your company have a grievance procedure?" The word "grievance" is associated with labor unions. You should always check the references of all job applicants to identify potential salts using false employment history. This allows you to find a neutral reason to not hire the person. Your employee handbook section on recruiting and hiring should clarify that the company only hires people with positive feedback from prior employers. Document every conversation held concerning the salt.Assuming some salts may get hired, the best protection against a salting campaign is to develop positive employee relations by:Creating an engaging, positive company cultureHaving well-developed, informed leaders who are effective communicators and trained in labor relationsCarefully developing employee policies and procedures that ensure non-discriminatory employee decisions are made at hiring and during employmentProviding regular employee training on the company's perspective on the negative impact of unionization.Meeting employee needs for recognition, employee voice, fair pay, safe working conditions, and inclusive work experiencesIt would be best if you did not give your employees any reason to be interested in joining a union, making the efforts of salts nonproductive.Employers must be careful to follow employment laws, taking extra precautions to avoid NLRB unfair labor practice (ULP) charges. For example, it is essential to keep accurate employment interview records and ensure there are legally documented reasons for not hiring an applicant. Salts are always ready to cause trouble. Salts are not supposed to submit applications without having a sincere intent to gain employment, but with so many millennials and now Gen Z seeking work beneath their education level or relying on low-wage service industry jobs for support, it is more challenging to spot salts bombarding an employer with applications meant to intentionally get rejected. Developing policies and procedures designed to prevent discriminatory management behaviors is critical. There should be an employee handbook with consistent rules concerning hiring, promotion, training, compensation, reporting issues, and so on. Best Offense Against Salting: A Culture of EngagementPlain and simple, here's how to protect your company from being salted by unions: develop a culture where high-performing leaders are excellent communicators and know how to engage and motivate employees daily. Couple this with effective employee training on the consequences of unionization, and your employees will likely have no reason to join a union-organizing campaign.Communication is key to preventing union organizing. Leaders should be accessible to employees, proactively addressing their needs and concerns, and consistently engaging. Develop the employee voice so that all employees feel valued and their feedback is important.One of the most important steps you can take as an employer to protect your company from being salted by unions is ensuring employees are well-trained and kept informed. Onboarding begins the process of sharing the company's mission, history, and culture. Additional and ongoing training can cover employee benefits and unionization perspectives. Using a dedicated website, apps, online videos, enterprise social media, and e-learning, managers can communicate with employees regularly concerning many of the favored topics of unions, like safety and management responsiveness. Training can also give employees specific reasons they should avoid unions, such as the fact that employees will have to pay union dues to an organization that is intent on creating a hostile workplace. Don't be afraid to talk to your employees about collective bargaining. Positive Employee RelationsEngaged employees are likelier to let managers and supervisors know a salt has approached them outside of work. Leadership training on building morale, developing trust, giving praise and recognition, and setting realistic goals is often overlooked to the company's detriment. People at the top must depend on the frontline managers to strengthen teams and build a positive company culture. A salt will quickly detect problems, like frustrated employees who believe their managers do not care about them as people and are not to be trusted. Case in point: The salt who worked at Starbucks claims the managers treated him like a robot, so he enjoyed trying to unionize the business behind the manager's back. Employers in the services, healthcare, and restaurant and fast food industries can expect unions to double their salting efforts because they are desperate to find new sources of union members, especially while a pro-union government is supporting them. Many millennials and Gen Z are amenable to unions because unions help them feel more in control of their destiny in a feeble economy that drives them to lower-paying jobs. To know how to protect your company from being salted by unions, employers in all services industries should know the current salting practices and expect union efforts to continue reaching into services sectors, like computer services, to grow. Making a union unnecessary is possible, but only by staying on top of union practices and knowing how to respond should there be signs of an organizing attempt. Are you concerned about salting in your organization? IRI Consultants is here to help you solve your unique needs. Our team of experts can help you recognize salting and understand legal do's and don'ts. Get help with salting by contacting IRI Consultants.
0 Labor Relations Training For Supervisors: Put Knowledge Into Action Table Of Contents 1Are Your Frontline Leaders Labor Relations Wise?2How Do You Create an Environment That Makes Unions Unnecessary?2.1Maintain Trust and Communication2.2Recognize Employees and Their Work2.3Address Employee Concerns and Provide Feedback3Labor Relations Training for Supervisors in Your Organization Is Crucial4How Do I Develop Labor Relations Training for Supervisors?5How Much Does It Cost to Develop Labor Relations Training Courses?6Supervisor Training and Labor Relations After over 40 years of developing leaders on strategies for effectively connecting with employees, we've found that many companies spend little - if any - time or resources on educating their teams with labor relations training designed for frontline supervisors and managers. Labor relations training helps leaders understand how their daily behaviors and words can significantly impact creating an environment where unions aren't necessary. Yet, ask your labor attorney, and he or she will tell you that a well-trained supervisor is the number one way to achieve this sort of environment. The frontline lower third and fourth-tier managers and supervisors engage with employees each workday and have the most influence in developing a positive organizational culture and positive employee relations. The specific job title doesn't matter. What matters is that you have some leaders communicating with employees in-person and through your enterprise communication system on a daily basis, and they need labor relations training as much as the C-suite and senior leaders.Are Your Frontline Leaders Labor Relations Wise?IRI Consultants created the LaborWise Leadership program to provide your organization with labor relations training for the lower-level managers and supervisors (We'll call them supervisors from this point on for convenience's sake.) This labor relations eLearning was designed with the needs of your supervisors in mind, inspiring them to improve their skills and arming them with the knowledge they need to recognize and respond to organizing, even at its earliest stages. It includes actionable steps the supervisors can take to meet employee needs and create more engaged team members. Labor relations training is not just theory training. The eLearning platform has an intuitive interface and is interactive, so you have proof that your leader in development can apply the knowledge when presented with choices reflecting real-world scenarios via interactive quizzes.The IRI Consultants team has been teaching labor relations and employee engagement principles for decades, and we cannot stress the importance of proactive, memorable, and ongoing training for supervisors. While your frontline supervisors are the key to retention and productivity, there are also several key strategies you should implement to create an environment where unions aren't needed.How Do You Create an Environment That Makes Unions Unnecessary?One of the main reasons employees turn to a union is the feeling of being unable to express their concerns or frustrations to leadership. In some cases, even when employees can report their issues, they don't believe their supervisors are really listening or care. This feeling is usually due to needing more appropriate leader feedback. You probably have read many times that employees forming independent unions say they aren't heard, meaning they don't have opportunities to share concerns or they never get a response. Their supervisors shrug off their issues. It's a sure way to create disengaged employees because effective communication is crucial to developing positive relations.To create a workplace environment that makes unions unnecessary, actively maintain your open-door policy. "Actively" means consistently putting the policy into practice. Some supervisors may claim there is an open-door policy, but are never in the office, usually fail to schedule face-to-face meetings with onsite workers or virtual meetings with remote employees, or never seem available for one reason or another. Leadership behaviors don't support words which is a critical mistake because workers quickly begin feeling alienated.When management discovers employees are talking to unions, the frequent response is, "But we have an open-door policy!" But do your supervisors understand how to ask for and give feedback and follow up with actions? For example, leadership rounding is recommended as a strategy for gathering employee concerns and getting feedback on the spot. The supervisor or manager may only be able to resolve the issue after further investigation but makes a commitment to follow up and does so!" We already have a policy on scheduling" is not a good response. Maintain an open line of communication with employees at all levels, actively seek their feedback, and follow up on the feedback. It's a formula for strengthening employee engagement and trust.Leadership training is clearly crucial to developing positive employee relations. We've already written about several helpful ways to prevent union organizing, and here are three more strategies to help you further.Maintain Trust and CommunicationBuilding trust through excellent communication should be a top priority and an essential element of your strategy. Supervisor training will help you foster an environment of mutual respect and collaboration built on trust between employees and leadership. Instead of focusing on the disadvantages of labor unions, concentrate on being pro-employee which is to say, concentrate on developing positive employee relations. Unions will not be necessary if you have trained supervisors to appropriately address employee concerns and continually work to improve employee engagement. The employee experience is a journey, meaning your supervisors must consistently build trust and not treat trust-building as a one-off meeting or event. You don't want employees saying, "She only worries about us trusting her when she thinks we are talking about joining a union."Recognize Employees and Their WorkAnother important way to protect your company from union organizing is incorporating employee recognition regularly. All of your employees' contributions to your overall company mission are important - and you should celebrate that. You want to recognize achievements, career milestones, behaviors you want to reinforce, team contributions, and ongoing work effort.Recognition can take many forms, but it's a human need. The recognition process should be relevant to employees, taking into consideration the multigenerational characteristic of the workforce and, as leadership coach and advisor Andrew Bryant discusses in a project HR podcast, the changes in employee expectations about the workplace. The recognition and rewards company O.C. Tanner conducted a survey on recognition that delivered some very interesting insights. Today's employees have a different perspective on work and the role of their leaders. Some insights on recognition in the Global Culture Report include the following.Recognition should be a blend of advanced technology and human interaction45% of employees felt their employer's recognition program had become stale, outdated, and routineEmployees who believed the recognition program is outdated or used as a disguise for determining compensation are 37% less likely to feel appreciatedRecognition should be timely, authentic, and directly related to workflowsRecognition initiatives should be part of a larger initiative to build a positive organizational culture and positive employee relations, creating excitement and energyRecognition efforts depend on your leaders recognizing small and large efforts, consistently and regularly recognizing employees, making recognition individualized, and utilizing current technology to recognize onsite and remote employees in a meaningful way. Though people appreciate things like free coffee or free lunch on their birthdays or work anniversaries, it's not enough. Snacknation specializes in employee appreciation gifts and makes an important point. Employees want recognition for their ongoing effort that leads to their achievements and milestones. The gifts, milestone events, and even a recognition platform need to be additions and not replacements for regular manager or supervisor feedback.Embedding recognition in the culture requires leadership training because your supervisors are instrumental in making it happen. O.C Tanner's survey found that organizations with integrated recognition are four times more likely to have highly engaged employees and three times more likely to report an extraordinary employee experience. Effective recognition plays a prominent role in labor relations. Empowered employees today recognize authentic recognition over superficial recognition based on the supervisor's understanding of the worker's effort. The employees in retail, healthcare, and food service industries that are forming independent unions today often say they are not appreciated for their effort to provide outstanding customer, client, or patient services. They also say that management doesn't understand the day-to-day issues hurting morale and engagement and doesn't take an active interest in their effort and progression.Joseph B. Fuller, a co-chair of the Managing the Future of Worker report on low-wage workers, found that investing in frontline employees is critical for employees and workers to prosper. During an interview, he said that employees need a direct supervisor who says, "You're a hard worker. Let's talk about what your ambitions are. Here are the two or three things that, if you could do them, you might get a higher-paying job in the operation." This approach is the gold standard of supervisor recognition.Recognition does include compensation practices too, but more than compensation is needed. Maintain competitive pay practices and stay within or above pay brackets among the competition in your market. Employees who feel they are treated well, recognized and appreciated, and compensated fairly are far less likely to turn to a union for solutions.Address Employee Concerns and Provide FeedbackWhile we much time talking about communicating with employees, the truth is that two-way communication is a vital part of this process. Among other leadership skills like managing teams and leading change, LEAD Academy also helps leaders become coaching leaders because a coaching leadership style includes all the skills and values that build strong positive employee relations. The skills include trust, intentional communication, a belief in employee potential, and active listening that embraces feedback.Provide team members with opportunities to express any grievances. Typically, employees seek union guidance when they do not feel they're being treated fairly, aren't being given an outlet to express concerns, or feel like their grievances are not being addressed. Demonstrate that you're willing to listen to these concerns, take the appropriate action, and communicate to all employees what's being done. Put the digital communications tools in place that allow your supervisors to take the lead on soliciting employee feedback from all employees.Without labor relations training for supervisors, companies can quickly unionize. It's also likely that the union will challenge a "no" vote for unionizing, which could lead to a second election. Employers need to remain vigilant to avoid a rerun of possible union elections. A prime example of this is a situation that happened with Intertape Polymer - a duct and masking tape manufacturing facility in Columbia, South Carolina.The following explanation is written by Matthew J. Kelley from Ogletree, Deakins, Nash, Smoak & Stewart, P.C. The United Steelworkers (USW) filed a representation petition. After losing the union election 97 to 142, the union looked to overturn the results by filing objections to the election in addition to unfair labor practice (ULP) charges. The charges claimed that Intertape Polymer violated Section 8(a)(1) of the National Labor Relations Act (NLRA).The union alleged Intertape Polymer violated the National Labor Relations Act by, among other things, (1) interrogating an employee regarding his union sentiments; (2) confiscating union literature from the employees' break room; (3) engaging in surveillance of employees' union activities by leafleting at the plant gate while union supporters were simultaneously handing out leaflets there; (4) threatening employees that it would be futile to select the union as their collective bargaining representative; and (5) discharging a union supporter. A panel of the National Labor Relations Board (with Member Miscimarra dissenting) agreed with the first three of the union's assertions. As a result, the Board ordered a new election.The employer conduct at issue, in the Intertape case, illustrates that the risks of straying from these policies outweigh any potential reward. Although the company was extremely successful in delivering its message, a few stray actions and unwise words that appeared to violate the NLRA resulted in the union getting another bite at the apple in a rerun election. In union campaigns, proper supervisory training is imperative, and discretion is often the better part of valor in any effective communication strategy. A well-trained supervisor will exercise the employer's free speech rights without running afoul of the restrictions of the National Labor Relations Act. A similar situation happened at the Amazon Bessemer distribution facility. The workers voted not to unionize, so the union filed Unfair Labor Practice (ULP) charges. The NLRB found Amazon interfered in the first election. A second union election was held, and this vote was also against unionizing.Managers and supervisors also need to use what we call Wise Words during a union organizing campaign but using wise labor relations words needs to be standard leadership behavior at any time. The wrong words can trigger interest in unions at any time. Wise Words refer to supervisors recognizing employee words that point to union connections, knowing how to legally respond to tough questions, putting TIPS and FOE rules into practice, and knowing what employers can say without risking a ULP. Notice that the ULPs filed against Intertape Polymer included words like "interrogating" and "threatening." These are unwise words to use at any time.Labor Relations Training for Supervisors in Your Organization Is CrucialAs you can see, labor relations training is vital to maintain high employee engagement and retention. But it is also a crucial element in avoiding unionization altogether. Our mission is to help you create an atmosphere where unions aren't necessary.What does that look like?Frontline leaders are informed and well-suited to maintain a direct connection with employees and take action.Managers who receive labor relations training are more confident and able to address questions about union organizing.Employees trust that leaders have their best interests in mind and trust the factual information their supervisor provides.So, what steps can you take to build this kind of environment? How can you begin to implement labor relations training for supervisors? Do you develop it for your own company, or should you hire a professional? How much does it cost?How Do I Develop Labor Relations Training for Supervisors?First, you'll need to determine who will be creating the training. Will you have training videos made by a professional? Will you offer an eLearning program with lessons that build skills step-by-step? Will you have your staff participating in it or use professional actors?Answering these questions will help you determine a budget. Hiring a producer, narrator, editor, or graphic artist can significantly increase costs. Professionally created training videos will cost you somewhere between $500 and $1,000 per finished minute.Next, you'll need to decide what your training will cover. Remember, today's tone and approach are very different from the recent past. You'll want to include topics like creating a positive and supportive environment for employees, explaining what a union is and how it can change your workplace, how supervisors can recognize the signs of union organizing, how to boost employee morale, and so on.Next, determine when you will implement this labor relations training for supervisors and how long it will take for your employees to complete it. Studies have shown that people learn best in short sessions or "micro-busts" of learning and retain more information for a longer time. The learning can usually be accessed on-demand and enables training when it best fits the leader's work schedule.How will you deliver this information? Will you provide a set of online tests? Will it be a series of videos your employees will watch, with quizzes to check their understanding and knowledge? You may want to include an in-person training or seminar that your supervisors will attend together.As you can see, a lot of planning and budgeting goes into developing labor relations training for supervisors and other leaders. You will need a consistent form of training so that all of your leaders are aligned with the same goals and values as the goals and values of the organization. Alignment among the leadership team is so important that we developed A Better Leader, an online leadership training program focused on skills like building trust, managing remote teams, goal setting, praise and recognition, and cultural sensitivity. The broad range of topics in the Leader Motivation library reflects the complexity of leading in today's work environment.How Much Does It Cost to Develop Labor Relations Training Courses?The short answer: it depends! From our experience in custom video production, the average price of a 15-18 minute custom video is $25,000–$32,500. We've found that a second language production produced at the same time is 60% of the cost of English, so $15,000 to $19,500. What is the value of your training and the message you want to deliver to your workplace? Consider the "shelf-life" of your custom video. It's reasonable to assume that you will be able to utilize your content (and that it will remain relevant) for around three to five years. Production elements can vary widely and can significantly affect the overall price of your training. Some of the more common "add-ons" found in custom video production that you may want to consider including the following: Adding talent or actorsA special talent or a voiceoverAdditional shooting days in-studio or multiple location shootingHigher-end 3D animation for an openingSpecialized shooting equipment such as a crane, dolly, or SteadicamForeign language version (translation, talent, graphics)Custom music or licensingPropsLocation feesSupervisor Training and Labor RelationsAs you can see, custom video production and creating your own labor relations training courses have a reasonably wide "average" price range. It may or may not fit into your budget. The good news is that even if it doesn't, you still have options to train your leaders. Professionals created the LaborWise Leadership training platform for your leaders. It's practical training designed to develop leaders skilled in keeping an employee-first culture in the workplace that makes employees realize they don't need to turn to a union.You don't have to worry about the who, what, when, or how of developing labor relations training because we've got it all covered. Prioritizing the development of labor-wise leaders skilled in developing positive employee relations is necessary today for attracting and retaining talent, building high-level employee engagement, and making unions unnecessary.IRI Consultants would love to help you implement this training and get your supervisors up-to-date with all they need to know about labor relations in this pro-union environment. Once all of your supervisors have completed this labor relations course, they can foster an environment of mutual respect and collaboration where a union organizing campaign is less likely to occur because unions aren't necessary.
0 How to Manage an Unfair Labor Practice (Particularly During Union Organizing) Table Of Contents 1What is a ULP and What Are its Key Elements2Know The Process of Unfair Labor Practices3Liability Also Extends to Unions4Manage an Unfair Labor Practice4.1Communication Is Key4.2Stay Calm4.3Documentation4.4Legal Counsel In this economy, companies are doing all they can to stay afloat. That sometimes means making tough decisions regarding employees, including layoffs. When a company is faced with a union organizing campaign, stress can escalate quickly. This blog post will discuss how to manage a ULP (unfair labor practice) and offers some tips for handling an organizing campaign. What is a ULP and What Are its Key ElementsWhen unions or employers take actions that are illegal according to the National Labor Relations Act (NLRA), there can be hefty consequences to pay. These unlawful actions are called Unfair Labor Practices (ULP) and are often used by these entities as scare tactics to get the desired action they want from employees. Whether it's a union threatening an employer with unfair labor practices in the hopes they'll recognize the union voluntarily, or an employer discouraging union organizing by way of discriminatory practices, unions and employers have used ULPs to tip the process of union organization and matters in their favor. Learning to manage a ULP well is not only necessary, it's vital to the outcome of the entire process.Know The Process of Unfair Labor PracticesIf an employee or labor union believes your organization is has committed a practice that violates labor laws under the Federal Service Labor-Management Relations Statute, they have the right to file a charge. The process involves filing a complaint with the ULP charges in the NLRB Regional Office where the incident took place or is occurring. But those who file charges need to do so typically within six months. The NLRB Regional Office (RO) dockets the file, assigns a case number and creates a case file, which includes the case log, affidavits and final investigation report.The RO also evaluates the allegations and reviews the charges by taking several steps, including reviewing the sufficiency of the charge and whether the case requires further clarification of the unfair labor practice charges. Additionally, the RO also takes several factors into consideration before recommending the case for remedy, such as the presence of consistent communication via email or in writing. If all requirements are met, the case may proceed for recommendation for injunctions or temporary relief, such as in the case of unilateral reorganization.Liability Also Extends to UnionsEmployers are not the only entities that can be found guilty of ULPs. Unions can face this same fate, too. For example, unions may use ULPs as a tactic in the course of waging a corporate campaign. In fact, the Service Employee International Union (SEIU) was found guilty of disparaging and defaming the Professional Janitorial Service of Houston, Inc. (PJS). The union spread information in the local area claiming the company violated the rights of its workers and even filed a class action lawsuit against PJS claiming it violated federal wage laws after PJS required SEIU to hold a secret ballot election in order to represent the company's workers. This violation cost the SEIU $5 million. While unions may be charged, they often use unfair labor practices to manipulate, frighten and control companies in union organizing campaigns. Auto manufacturer Nissan faced ULP charges by the United Auto Workers (UAW) union, which the UAW used in effort to organize. Yet, the fear of change and wages close to current union workers' wages resulted in Nissan workers voting against the union organizing efforts of the UAW.Manage an Unfair Labor PracticeCommunication Is KeyIf you receive an unfair labor practice charge, communication is key. This is because employees need to be able to share information about their experiences and concerns with their coworkers in order to build a strong case against the unfair practices. Additionally, effective communication can help to rally employees and build solidarity within the workforce. Furthermore, it is essential for employees to be able to communicate their needs to management in order to negotiate for fair treatment. Therefore, communication is a vital tool that should not be overlooked during an unfair labor practice campaign.Stay CalmIf you're involved in an unfair labor practice campaign, it's important to stay calm and focused. The campaign can be stressful, but it's important to remember that you're fighting for a worthwhile cause. Here are some tips for staying calm and focused: Keep your goals in mind. It can be easy to get caught up in the day-to-day details of the campaign, but it's important to keep your long-term goals in mind. A more connected workplace where employees feel understood, heard, safe, and appreciated is always the most important objective.Stay organized. An unfair labor practice campaign can involve a lot of moving parts. Staying organized will help you keep track of everything and make sure that everyone is on the same page. Designate a person or team to keep documentation and organized file-keeping of all necessary aspects of the campaign. Seek support from others. Being part of an unfair labor practice campaign can be isolating, so it's important to seek support from others who are involved in the campaign or who understand what you're going through. Talking to a labor professional or labor attorney, someone who has been through this before, can be extremely invaluable at this time.DocumentationDuring an unfair labor practice campaign, you'll need to give a detailed statement to the National Labor Relations Board and may require witnesses and documents to help your case. It's important to cooperate with the NLRB and avoid retaliating. Your responsibilities as a charged party involve communicating appropriately with the National Labor Relations Board. This includes participating in an investigation held over the phone. You can also evaluate requests for affidavits and submit evidence via fax.Legal CounselIt's crucial to use experienced legal counsel to help in your defense and investigation of your unfair labor practice case so you can correctly conduct interviews of employees and submit your position statement. You have the option to use the Alternative Dispute Resolution (ADR) to resolve your unfair labor practice case. The ADR ensures you understand the Statute and compliance requirements. It also helps with resolving ULP matters without litigation.If legal counsel is not immediately available, ensure you have a labor relations specialist on your staff who can help bridge the gap between you and the challenge ahead. If you have not done so yet, hire a labor relations specialist and begin training them on your companies policies and procedures. There are endless benefits from having a labor relations specialist on your staff, including assurance that should a ULP come around, you'll be even more prepared.
0 What Are Employers Rights During Union Organizing? Table Of Contents 1Employers Can Communicate Their Philosophy on Unions 2Employers Can Create a Great Working Relationship 3Employers Can Accentuate the Positive 4Employers Can Follow the TIPS-D and FLOP rules 5Employers Can Educate and Inform Employees 6 Employers Can Train their Leaders 7Union Organizing Isn’t Automatically Unionization What are employer rights during union organizing? Can an employer refuse a union? It may seem like employers can’t do much during a union campaign except explain to employees why they don’t need a union. If you listen to unions, the impression is that the labor laws favor employers. If that were true, employers wouldn’t be paying millions in legal fees and incurring heavy administrative expenses to protect their employer rights conveyed by the National Labor Relations Act (NLRA) and decades of National Labor Relations Board (NLRB) decisions. Today, a pro-union NLRB is trying to make significant changes to years of decision precedents, and all the changes favor unions. For example, the captive audience meetings ensure an employer has opportunities to share the company’s perspective on unions. Now, the General Counsel of the National Labors Relations Board (NLRB) is trying to end the practice. You must know exactly what you can and can’t do when a union campaign starts to avoid claims of unfair labor practices and expensive fines and to engage employees rather than alienate them. If you are facing a union that is working to organize employees at your company, your first instinct may be to want to panic, and panic leads to mistakes. It’s important, however, to know there are actions you can do to prevent unionization as well as actions to avoid. All your leaders must fully understand their legal rights when communicating with employees. This is an area where many employers get themselves into trouble due to inadequate leadership training in labor relations. There is a lot of information available about what employers CAN’T do during union organizing, but here is some even more helpful information on what an employer can legally do to prevent unionization - Hint: the focus is on positivity. Employers Can Communicate Their Philosophy on Unions Employers need transparency all the time, and that doesn’t change during union organizing. The NLRA gives employers the right to share their philosophy about unions and employees unionizing. Your leaders can communicate in many ways, including mailed notices, workplace posters, group meetings, and digital tools like apps, emails, instant messaging, videos, video conferencing, podcasts, and an employee-facing website. Communicating your philosophy on unions is extremely important. You can share the philosophy statement, facts about the business, and the risks associated with unionizing to support the company’s perspective. Employers can tell you their thoughts about unions. They do this by sending papers, putting up signs, talking to groups of people and using technology like websites, emails, videos and podcasts. It is important that they share the company's philosophy on unions so that everyone knows what it is. Even though everyone has a right to vote yes or no to unionization, the company wants to stay union-free.Let your employees know the company’s desire to maintain a direct connection with them without making them feel threatened during union organizing. Educate your employees as early as possible by sharing your company’s union-free philosophy during the new hire orientation process. Explain that joining a union does have consequences. Union members must follow the rules and regulations of the union, even if they do not agree with them. They might also have to pay fees or dues to be part of the union. It is important for employers to make sure their employees know that they don't have to join a union and that there are other ways for them to communicate with the company without joining one.Help employees understand the disadvantages of becoming a union member, including strikes and the requirement to serve on a picket line. Employers Can Create a Great Working Relationship There may be a union organizing campaign in progress, but focusing on positive employee relations is even more important. A key element of positive employee relations is employee engagement which is an emotional and intellectual commitment to your organization. Gallup found that at the end of 2021, 34 percent of employees were engaged, and 16 percent were actively disengaged. There is a strong likelihood that most of the employees starting the union organizing campaign are among the 16 percent. A cup-half-full perspective is that you have an opportunity to re-engage at least half of your workforce. It may sound odd at first, but you have great opportunities to strengthen employee-employer relationships during union organizing. Why? The event gives your leaders many opportunities to address employee concerns, prove leadership transparency and honesty are embedded in the organization’s culture, promote the policies that support employees and their families, and point to the disruptive influence of unions. Employers can utilize the relationship-building behaviors proven to work, like giving employees a voice about their concerns and giving leadership feedback, easing mental stress by reinforcing a commitment to employee well-being, and demonstrating the truth about the impact of unions on a workforce to make it easier for employees to decide to vote no during a union election. Following are five ways to create a great working relationship by exercising employer rights during union organizing:Educate yourself about unions and learn how to build a union-free workplace by reading the insightful book “Proof Positive. “ Express to your workforce that with or without a union, the company is committed to making it a great place to work! Be open and transparent about current company policies on solicitation and distribution by making these policies readily available on-site or online. Remind employees about the costs of belonging to a union through union dues and potential fines for not obeying union rules. Create a safe and clear process for employees to report threatening or coercive behavior. Employers Can Accentuate the Positive Keeping in mind that engaged employees usually don’t have an interest in unions, ask yourself what engaged employees seem to understand about the organization versus those who are disengaged. It usually comes down to engaged employees recognizing the positive aspects of working for your organization far outweigh any negative ones. Focusing on the positive can overcome union negativity. Your leaders are the people who can accentuate the positive every day, including during union organizing. In the Harvard Business Review, researchers investigating the power of positive leadership found that the greatest predictor of leadership success is positive relational energy. Positive energizers uplift others through authentic, values-based leadership. They cultivate positive actions in themselves and others which is precisely what is needed during union organizing. These leaders give employees encouragement, support, and recognition. Your employer rights during union organizing are a source of positive relational energy. Provide full details of all current employee benefits offered by the company to avoid any risk of miscommunication. A UnionFree.com website with an interactive benefits calculator can be very useful for this purpose. Provide salary information for similar companies in your area for employees to compare their pay, showcasing local and/or industry competitiveness. Provide valuable union-specific resources, such as statistics, studies, and union history, to ensure that your workforce sees the company as a reliable source of information. Answer employee benefits questions as quickly, accurately, and effectively as possible. What can employers say during a union campaign? It’s not always about what you say but about being willing to listen to employees’ concerns and show them that the company is willing to work with them, with or without a union. Employers Can Follow the TIPS-D and FLOP rules We live in a world of acronyms, and two of the most important ones to know for managing during a union organizing event are TIPS-D and FLOP, an update to a commonly known phrase, TIPS and FOE. These are basic dos and don’ts of communication with employees during union organizing and are grounded in labor laws. TIPS-D: You can’t make threats, interrogate, make promises, or conduct surveillance of/spy on, or discriminate against employees. FLOP: You can share verifiable facts, obtain legal services, state personal opinions that include personal experiences, and give examples of union issues like corruption and strikes. Following are six behaviors that follow the TIPS-D and FLOP rules:Provide your employees with the real facts about union organizing, collective bargaining, job security, and strikes.Teach your management team the TIPS-D and FLOP Rules to enable them to educate your workforce while still staying within the NLRB regulations. Correct inaccurate information provided by union organizers to your employees as quickly as possible. Use a custom employee website or dedicated social media channels for this purpose. Discipline any employee or representative that tries to threaten or coerce other employees, whether they are pro-union or anti-union. Feel free to share any negative personal experiences about unions with your workforce. Seek legal advice from the appropriate parties. Employers Can Educate and Inform Employees Relying on the TIPS-D and FLOP rules, employers can explain the many aspects of unionizing to employees they may not know or understand. Keeping it factual is critical, and educating employees quickly is important. As mentioned, the NRLB General Counsel wants to change decades of precedents set by NLRB decisions. For example, GC Jennifer Abruzzo wants employers to require card check recognition. Card check recognition means the employer is presented with authorization cards, and if they have the signatures of a majority of workers, the employer will have to recognize the union without an election. In this scenario, employees who don’t understand authorization cards could end up in a union by signing the cards with the belief they would get more time to think about it before a union election or would have a chance to change their minds and vote no. Explain to your employees what authorization cards are, what signing means, and the importance of fully understanding their options before signing. Communicate to employees that signing the authorization card doesn’t necessarily mean that they must vote yes for the union. Educate employees about their rights under the National Labor Relations Acts and where to turn for additional resources. Remind employees that collective bargaining doesn’t equate to automatic increases in pay or benefits. Make sure employees understand that if they are fined by the union for any infraction, the union could take them to court resulting in a possible wage attachment. Employers Can Train their Leaders One of the main causes of unfair labor practices (ULPs) is due to leaders saying or doing something that violates labor law. They aren’t laborwise leaders. It’s so easy to do too. It’s important to train leaders on the various ways they can help the organization stay union-free. What can your leaders do within the law? How can they communicate with employees? What steps can they take to engage employees during an emotionally tumultuous time? One of the mistakes companies make is only training mid-level to executive-level managers, though it’s the supervisors who interact with employees every day. The SHRM points out that, in the ULP category of “interference, restraint, or coercion,” “Most violations of this section include supervisors who (a) make threatening statements, (b) question employees who assert their labor rights, or (c) make false statements to workers seeking unionization. Leadership training applies to all leaders and covers employer rights during union organizing and employee engagement. Leadership training doesn’t only concern union-related issues. Training also helps leaders master the principles and strategies for developing high employee engagement. Employer rights during union organizing include making a union unnecessary through good management. Enforce lawful distribution and access rules in accordance with the National Labor Relations Act for both pro-union and anti-union representatives. Take proactive measures by training your labor team to understand how union and non-union organizations work. Provide professional training for all supervisors to ensure everyone understands how management can respond during union organizing in a way that presents the facts, avoids NLRA violations, and promotes employee engagement. Educate your management team on what employers can say during a union campaign and appropriate ways to communicate with employees regarding unions to avoid charges from the NLRB. Create better leaders within the workplace to make the need for a union unnecessary. Union Organizing Isn’t Automatically Unionization Exercising employer rights during union organizing is a critical strategy for staying union-free. Suppose union organizing is not taking place in your organization at the moment. In that case, you are in the perfect position to get ahead of the possibility through leadership training and employee education. If union organizing is in process, leadership training and employee education must happen quickly. A labor relations consultant can help your organization efficiently and effectively stay union-free. Never forget that you can stay union-free, even when the union comes knocking.
0 Employee And Labor Relations Table Of Contents 12The Difference Between Employee and Labor Relations3Why Are Employee And Labor Relations Important?4The Initial Resource For Managers and Employees56What Are Common Labor Relations Issues7Labor Relations Specialists8Does Your Organization Need Labor Relations Management? Employee and labor relations are concerned with stopping or managing problems related to workers' situations. Managers, supervisors, and other employees experiencing difficulty in their work environment may seek the advice of their designated Labor Relations Manager. Since both employers and employees can experience difficulty at work, someone is needed to deal with disagreements as an unbiased third party. Therefore, labor relations are vital for success in the modern economy.The Difference Between Employee and Labor RelationsSimply put, labor relations is the relationship between unions and employees while employee relations deals solely with companies and their employees. These two terms are sometimes used interchangeably, but it is important to understand the fundamental differences. A company can have a labor relations department without the presence of a union within the organization. The purpose of this department may be to educate employees and prevent union organizing in the future. Should a union develop, the already established labor relations department is well-equipped for handling all interpersonal communication and dealings.An organization that deals only with employee relations without any sort of labor professional present is tasked with the added responsibility of educating their workforce on unions. While it is possible to successfully handle unions without a dedicated labor relations team, it is not ideal. Unions and their many transactions require a vast understanding of labor law and other specialized labor topics. This is why labor relations are an important consideration for every company, in addition to employee relations. An organization that deals only with employee relations without any sort of labor professional present is tasked with the added responsibility of educating their workforce on unions. Click to Tweet Why Are Employee And Labor Relations Important?The purpose of great labor relations is to establish and strengthen the employee-employer relationship. This can be done through a variety of measures, including but not limited too: measuring satisfaction with company policies; identifying workplace issues that arise within your business (i.e., what needs improving?); and providing input into how performance management system operates at all levels - from team leader up through CEO level positions.The harmonious relationship between employees and employers is essential for economic growth. Greater efficiency means more productivity, which leads to higher rates of return on investments in production facilities as well as job satisfaction. Workers who feel valued by their colleagues at all levels within the company or organization they work for contribute more to their jobs and therefore to the growth of the company as a whole.When employees are happy, they are less likely to leave an organization. Organizations that have good labor relations provide higher wages and other attractive benefits. One reason why companies engage in positive practices like paying above-market rates (and providing adequate benefits) may be due to the fact that this usually attracts high-quality talent while retaining current staff.The reduction in turnover ensures that employees stay with a company for longer. This enables them to gain extensive knowledge of company policies, practices, and processes as well as providing training opportunities that can help new hires become more efficient from the get-go! Most companies have trouble replacing experienced staff members because they're so valuable when it comes time for an employee's retirement or leave of absence--they've seen everything there is to learn about their employer during years spent working together.The reduced rate at which people quit means great things happen: More time learning your way around and a more productive and effective workforce. The Initial Resource For Managers and EmployeesThe Employee and Labor Relations (ELR) department provide services for improving the relationship between an organization and its employees. The labor relations department offers assistance with issues related to unions, policies, procedures, and more. With the help of the labor relations department, the organization works directly alongside its managers and supervisors to ensure that the correct application of policies and procedures is used in managing a successful and productive workforce.In order to prevent employees and employers from interfering with each others' legitimate rights, the labor relations department has five purposes:Prescribing lawful rights for both parties involved in commerceEstablishing orderly procedures so that interference can be prevented without disrupting business operations or cooperation between co-workers who may not agree on a subject matter but still want peace at workProviding guidelines about how conversations should proceed when discussing sensitive topics such as wages and benefitsTo protect the rights of individual employees in their relations with labor organizations whose activities affect commerceTo define and prescribe labor practices that are appropriate for commerceWhat Are Common Labor Relations IssuesLabor Relations is dedicated to creating and sustaining a positive work environment. Labor relations departments are responsible for the effective communication of issues regarding collective bargaining, grievance processes, and changes in labor law among other things while also ensuring employee satisfaction through education programs.Labor Relations are an essential part of any company's success. They enhance understanding and create rapid solutions to issues such as arbitrations, unfair labor practice charges, or complaints that may arise with management on the job site level.The skillset managers need for effective labor negotiations is vast - it includes not only negotiating contract agreements like salaries and health care coverage, but also discussing working conditions to ensure everyone is safe and happy in their position at work.Labor Relations Managers have a variety of responsibilities. They are tasked with grievance and complaint administration, conflict management (including arbitration), as well as miscellaneous agency tasks such as p&p or contract interpretation.Labor Relations SpecialistsProfessional labor relations employees are commonly human resources workers who have particularly advanced knowledge and experience in areas of union membership or unionized relations. Sometimes these specialists are labor relations attorneys working onsite within an organization. A specialist can provide in-depth information about unionization and other labor relations issues and therefore allow the Human Resources generalist to concentrate on other issues such as policies, procedures, and other common HR duties.Aside from their vast knowledge in the field of labor relations, there are many reasons why an organization should have a Labor Relations Specialist on staff. However, not all companies are equipped for such an advanced position within their organization. In fact, some studies show that labor relations specialists are on the decline. Perhaps not many labor relations-type issues have come up within the organization, or maybe the whole concept of labor relations is new to your organization.Regardless of whether or not your company has a labor relations specialist, one fact remains true: Unionization is always a possibility. That's why preparation is key. Regardless of whether or not your company has a labor relations specialist, one fact remains true: Unionization is always a possibility. That's why preparation is key. Click to Tweet Does Your Organization Need Labor Relations Management?If the potential for unionization is of concern, whether immediately or in the future, then consider establishing a labor relations team within your organization. Aside from unionization, there are several "pulse checks" one can engage in to determine your organization's labor relations readiness. It is far better to prepare now for the possibility of unionization than to get caught in the middle of a union organization drive later on. Our Labor Relations Readiness System may be the right first-step for your organization:Developing a proactive labor relations strategy should be of utmost priority within your organization. This may mean training your human resources department to better handle labor relations issues. It also means providing labor relations training to your supervisors so that they understand how their actions impact the organization's ability to have an environment where unions aren't necessary in the first place. Or you may need to fine-tune your labor relations recruitment skills in order to hire someone with the exact skills needed within your company.No matter where your company is at right now, the end goal is clear: develop a successful and productive workforce through positive employee and labor relations practices.
0 How Do I Use A Negotiations Website to Communicate With Employees? Table Of Contents 1Take Control of Your Company's Story2Before Negotiations Begin2.1Features of a Negotiations Website2.2Sharing Information Throughout the Negotiations Process2.3Go Live with your Negotiations Website3During Negotiations3.1Maintain Transparency3.2Use Social Media to Report the Facts3.3Make Use of Video3.4Stay Legal3.5Prepare for Unions to Leverage Unique Issues4Time for the Contract Ratification Vote5Minimizing Risks Our team at IRI frequently discusses the importance of employers staying positive at all times. This positive approach to employee relations pays dividends even when employees are represented by a union. When it’s time to negotiate the next Collective Bargaining Agreement (CBA), using a negotiations website to communicate with employees can mean the difference between a positive approach and one that's full of friction and strife.The positive path, means union and company representatives strive to exchange ideas and information, and are willing to compromise. Usually, in this case, the employer has developed good relationships with employees in the bargaining unit. The negative approach means the employer has an antagonistic relationship with union representatives. This automatically makes contract negotiations a contentious process.Either way, the path is often determined before negotiations start because relationships are built over time. The consequences of doing a poor job of communicating prior to and during contract negotiations can be damaging. Relationships suffer, and it can be a waste of time trying to get to a point of ratification. In a worst-case scenario, represented employees may decide to strike or protest, hurting community relationships, brand image and company operations.Take Control of Your Company's StoryNaturally, as a company leader, you'll want to go down the positive path. This approach means avoiding a lot of (often costly and time-consuming) problems during contract negotiations. Even more importantly, great communication keeps team members engaged in the process. Positive communications minimize the chance of poor relations developing and creating a toxic workplace - something that can endure long after negotiations end. Ideally, your managers and supervisors have been developing and using effective leadership skills all along.Your challenge during negotiations is keeping the workforce informed of the facts, the process, and the reasoning behind employer decisions and actions – all with a positive perspective.Get the communication process right, and you will:Strengthen the company’s relationship with employeesBuild trust by presenting the facts of the process and the company’s decisionsTell the company’s story first, rather than letting the union representatives control the narrativeEmphasize the positive aspects of the companyDeliver a consistent message to all bargaining unit employeesHumanize the process of negotiationsBefore Negotiations BeginThere are many steps an employer should take in order to promote positive communications with the workforce. First, begin drafting a website 4-6 weeks before negotiations begin. Your website is one of the most powerful communication tools your can utilize.Your negotiations website is an effective way to present the company’s unique voice. Share your company philosophy and senior management’s perspectives. Provide reassurances the company will work with the union representatives in good faith. Start with a positive statement on the front page that makes it clear the company is committed to negotiating a fair contract that enables the company to remain competitive through the important work of its employees.Additionally, stating the company's hopes and expectations for the upcoming negotiations can set the stage for employees. Certainly, union representatives will be telling employees what they expect. The Teamsters have even published a manual on bargaining titled, “Collective Bargaining: How to Negotiate Teamster Contracts.” Learn as much as you can about your unions' approach to the bargaining table. Insights into the union’s expectations and approach can help you communicate clearly with your employees.Features of a Negotiations WebsiteYour negotiations website will be available 24/7, and can be reviewed by employees and that all-important "secondary audience" at home, without fear.. Your effective website for communicating during collective barganing has the following features:Links to other forms of communications – posted online videos, social media, FAQ page, etc.Union-specific information that explains how the union is approaching these negotiations“In the news” links for sharing relevant actions and decisions, letters, news reports, management statementsNegotiations progress updates or items still needing resolutionInformation on the impact of changes that may arise out of negotiations, explanation as to why decisions were made,Clarification of any untrue or misleading statements that may be made by union leadership along with the fact-checking detailsExplanations of things like employee rights during negotiationsTactics the union may have used with other companiesLinks to helpful resources, like the NLRBLink to the current collective bargaining agreement (CBA)Signup for employees who want text and/or email updatesIf appropriate, also give employees the ability to ask questions of management via an online form.If your workforce is multilingual and needs communication in their preferred language, don't forget to develop your negotiations website in multiple languages,Sharing Information Throughout the Negotiations ProcessYour website is a critical forum for making the business case for the negotiations by sharing important information. In Erie County Technical School v. Pennsylvania Labor Relations Board, 1818 C.D. 2016 (2017), it was determined that employers can communicate with employees in a non-coercive manner concerning the status of negotiations. The communications cannot be an attempt to negotiate directly with the employees in the bargaining unit.You can include:Industry benchmarks for compensation, benefits, productivity and more that will form the starting point for the negotiationsCurrent compensation schedules and how they compare in the industry and locallyAll the benefits employees receiveMarket conditions that drive business decisions and will influence negotiationsCarefully spelled out anticipated changes that will arise out of negotiations and their potential impact on business operations that will be addressed during negotiations.Statements on issues about things like wage rates, work hours, healthcare premiums, pensions and other benefits, or any other negotiation itemsStatements on the aspects of management-employee relationships with the intent of promoting contract agreement and/or positive working relationships post-contract, including:Encouraging employees and management to work to solve problems togetherEmphasizing the value of management and employees working togetherEmphasizing the policies, practices and personnel already in place that can help with day-to-day problemsDiscussing the facts around the additional operational costs that unionization addsFacts about the union that are relevant to their current situation. This can include any recent strikes and the tactics used, charges and convictions of corruption, their approach to bargaining, impact on other businesses such as plant closings due to higher expenses, Unfair Labor Practices filed against the union, etc.Share typical union behaviors that violate the NLRA, i.e. threatening employees with job loss if they don’t support the union; giving preference in a hiring hall based on race or union activities; fining or otherwise punishing employees who criticize union officers, etc.Address unique situations, like the COVID-19 impactsPRO TIP: Keep all statements made on your negotiations website factual. Don’t violate the NLRA by making what could be construed as threats or coercion. Keep your statements positive by emphasizing the goal of minimizing impacts on employees to the greatest extent possible.Go Live with your Negotiations WebsiteOnce the website is live, announce and promote it in multiple ways. On launch day, begin with a captive audience meeting (in person or online via screenshare call) to share the site and it's features. Your supervisors should also inform employees regularly, so be sure to update them anytime new information is added to the site.Consider sending emails and letters to home, and texting employees specific links to the site's pages if appropriate. Use communication channels employees are familiar with, such as a company intranet or internal podcasts. Hang posters with a QR code, allowing team members to access the site directly on their phones. Consider innovative ideas such as wallet cards, or team t-shirts with the URL.During NegotiationsDuring negotiations, your goal is to keep employees and their family members informed. This is a stressful experience for everyone because so much is riding on the outcome. Good communication with employees can reduce anxiety and demonstrate management’s concern for the well-being of the workforce.Maintain TransparencyWith transparency at the forefront, use the FAQ page of your negotiations website to publish answers to employee questions. This also provides you with an opportunity to give team members feedback reviewed by a labor professional. Pre-populate the FAQ page with expected questions and update them throughout the negotiations.There are four major benefits your company will see by including and maintaining your FAQ page:Identifying some or even all of your employees' needs and concerns, based on their questionsLearning about employee perceptions about the negotiations process and management's role in itStrengthening your culture of authenticity, transparency and honesty, building employee trust along the wayGaining opportunities to clarify the company’s position on issues and the business case related to that position.Be sure your negotiations website explains developments as they arise, leaving no room for employees to wonder what's going on. This approach also ensures the company keeps the story aligned with what employees are experiencing day-to-day. You can address letters and and any handouts the union provides. You can also explain or reinforce the reasons for agreeing or not agreeing to certain union demands. Finally, be sure to express confidence that the company and union negotiators will continue to pursue an agreement.Use Social Media to Report the FactsIncorporating social media into your negotiations website is an excellent strategy for keeping employees informed. Keep employees and the public up-to-date with timely Tweets and Facebook posts. Update employees regularly to demonstrate a true desire for transparency. Whenever the negotiations website is updated, publish a link and encourage followers to revisit the website and get the facts.Your negotiations website can also a great tool for communicating with the public. The reality is that contract negotiations are often public knowledge, as unions utilize social media to rally community members and provide members with progress updates.In one example described by IRI Consultants, during one especially contentious bargaining session, the union posted YouTube videos that supposedly showed healthcare workers working in unsafe conditions. The union was also posting erroneous messages about patient care. Communication specialists developed a counter-campaign that highlighted the health system’s commitment to quality patient care and a great workplace. Videos highlighting employees talking about their pride in their work were made public for community members.The negotiations campaign also included social media advertising, focusing on all the positive things the company had done to benefit the community, like health screenings. In this way, your negotiations website can be the foundation for your overall communication strategy. Making it public can ensure the public is not relying solely on the union for information.Make Use of VideoVideo is another powerful tool that can make your negotiations website highly engaging and effective. The example given in the previous section was one in which the company used publicly distributed videos to counter union damage to the company’s reputation. Videos are also powerful when posted on the negotiations website itself. Video can be used to positively influence employee relations by delivering personalized messages from management to show strong support and caring for employees. Share videos of employees reinforcing the company as a great place to work; the goal is to keep morale high and focus on the positive.Stay LegalThe negotiations website offers another advantage, beyond keeping communication open with employees. Staying legal and having the ability to make changes quickly can be a true asset during what can be a volatile time. The NLRB has published a long list of do’s and don’ts for bargaining in good faith with union representatives. It’s easy to get charged with an Unfair Labor Practice if a supervisor makes a statement like, “we should just bypass the union and deal directly together,” or “I'm pretty sure the company is withdrawing recognition of the union,” when the union still enjoys majority support.Employees may get antsy and wonder why more progress isn't being made. Of course, the company can’t make any changes before there is an agreement. With a negotiations website, employees gain a better understanding of these rules.You can’t try to force employees to accept the company’s position, but you can make realistic, defensible statements about the company’s position on various negotiating items. The website also protects the employee’s right to listen (or not listen) and receive (or not receive) what the company has to say.Prepare for Unions to Leverage Unique IssuesThe COVID pandemic is a good example of an unusual situation that unions often leverage. Though a pandemic will not last forever, negotiations will cover new rules that are likely to remain in place unless the business protects its rights to terminate special compensation, like hazard pay, or to change work hours and schedules.There are many issues you can discuss with the union before negotiations start and while a union contract is in place, including layoffs, new safety requirements, schedules, working hours and other aspects of operations through the lens of special circumstances. The point is to be prepared to discuss what the employer should do during the pandemic, or any other business-disrupting event in the future, and what will happen once the event ends.Time for the Contract Ratification VoteUpon reaching a tentative agreement, a Memorandum of Understanding is developed. The MOU explains all the contract elements that union members will vote on. The day comes when there will be a vote up or down on contract ratification. At this point, the negotiations website has smoothed the way to ratification by keeping voting members informed, keeping the negotiations on track with the truth, and preserving the employee-employer relationship.If the contract is ratified, the company can post an announcement on the website, openly thanking employees for their support for the contract and the positive aspects for employees and the company. For example, the announcement could mention any forward-thinking plans that have been approved as part of the agreement.If the contract is not ratified, the website should then be updated with a letter explaining the company’s position, business case for the needed concessions, and legal options. The employer and union representatives will likely go back to the bargaining table and try again. Serious issues can arise when a contract is not ratified, like employees striking, or if the contract has expired, an employer called lockout in an attempt to stop unions from harming the business financially when contract negotiations fail.Minimizing RisksThe negotiations website doesn’t guarantee success at the bargaining table, or that employees will ratify a new contract. It does provide the most advantageous communication process to keep employees engaged during what is often a difficult process. Employer-employee relationships are built on trust based on excellent communication, and communication with employees shouldn’t stop due to contract negotiations. In fact, keeping employees informed is crucial to minimizing the two biggest inherent risks in the process – alienation of employees and disruption of the business.IRI specializes in developing effective websites and other labor relations training and communication tools for employers to connect with employees about unions, no matter what stage of the process the company is in – from working to stay union free to contract negotiations.
0 How to Talk to Employees About Collective Bargaining Table Of Contents 11. Explain the Collective Bargaining Process22. Be Realistic About Union Negotiations33. Unions Have Agendas44. Unions Don't Have All the Power55. There's No Time Limit For Union Bargaining66. Individual Needs Can Get Lost In The Noise77. Collective Bargaining Gives Employees Less Personal Power7.1Final Thoughts Better wages, better benefits, better working conditions -- these are just a few of the promises union organizers make during collective bargaining to employees to gain their support during an organizing drive. You may be wondering what you can do during collective bargaining, and how you can speak to your employees during the process. For starters, an employer can't make the same kinds of lofty claims as union organizers, unless they want to risk an Unfair Labor Practice charge. It's a little unfair, as the NLRB believes employees understand that an employer has the power to make their promises reality, and a union that's not yet employees' legal representative - can't.We’ve written at length about the collective bargaining process and a newer strategy of “bargaining for the common good.” Union organizing can be a touchy subject that employers don’t want to talk about, but educating your team members is one of the most important steps to take for companies to stay union-free. The best approach is to always remain proactive, not reactive, in your employee relations strategies.So how can you educate employees on the collective bargaining process without risking a ULP? Here are seven clear and succinct things you (and front line managers and supervisors) can do to make sure employees are making an informed choice about unionization.Remain proactive in your employee relations strategy to educate your employees, and strengthen a workplace culture where employees don’t feel they need a union. This helps build trust and maintain communication between leadership and team members. In addition to educating your employees, keeping yourself informed on the and being prepared for the future can help you to create an atmosphere where unions simply aren’t necessary.1. Explain the Collective Bargaining ProcessYou might know all the tactics unions use to influence potential members, but your employees don't. You need to be proactive, and explain to them about the collecting bargaining process -- how unions negotiate with employers about salaries and working conditions. It may be best to start out with the basics of what a union is, and what organizing campaigns are, and what employees can expect to happen should a union try to organize your workplace.In addition, point out that neither party is under any obligation to reach an agreement, but they do need to act in good faith and attempt to work out the needs and desires of both parties before entering into any kind of union contract. Union negotiations can be tricky to navigate, so educating your employees is critical.In the last few decades that we have assisted employers and organizations to stay union-free, there is one thing that has remained critical through the years; be proactive, not reactive. We’re currently in what we refer to as the “Proactive Era” of employee and labor relations, meaning, the need to go beyond mere employee surveys into a new, holistic approach to positive employee relations. This helps your team members understand the value of operating union-free for themselves. Not because their employer wants them to remain union-free, but because they want to remain union-free, and work in an organization where unions simply aren’t necessary.2. Be Realistic About Union NegotiationsExplain to your employees that unions often campaign for higher wages and better working conditions. Sure, union members could end up with more benefits than what they have now. But they could end up with the same. Or less. Campaign promises during union bargaining are just that -- promises. And anyone can break a promise.Furthermore, unions frequently make promises to employees for things that they already have. Promises of safe working conditions, benefits, wages, etc. are all among the things that unions promise to improve or implement if employees vote in a union. The thing is, these are already available to team members, through labor laws or through their employer. Again, a proactive approach, where your front-line leaders aren’t afraid to have conversations with employees about unions and the collective bargaining process, is essential. Remain proactive in your #employeerelations strategy to educate both your leaders and your employees. It's essential to build trust and communication in your workplace. #communication Click to Tweet 3. Unions Have AgendasEmployees should know that, while unions might act in good faith, they also have their own agenda. Not every item they're looking for is strictly for the benefit of the employees. During collective bargaining, unions will fight for the things that will also benefit them, like a "dues checkoff clause," which requires an employer to collect member dues and cover the administrative fees associated with union dues. Another item on the union's agenda may be a "super seniority" clause, written to protect union representatives in the event of a layoff - often promised to those who are part of the volunteer organizing committee.It’s important to note that unions can use social media to organize your employees as well, rather than the standard “old-school” ways of handbilling or picketing that many organizations may be on the lookout for. 4. Unions Don't Have All the PowerA union organizer may tell employees that they'll tell management what's what. They might tell employees that the union can manage hiring, firing, shift assignments, overtime, and other personnel issues. But during union negotiations, they often neglect to mention the Management Rights clause included in most union contracts. A Management Rights clause says the company - not the union - still has the right to manage the business in the best way possible. A union cannot control a company's ability to grow, move, or alter the way it does business.It is important to seek legal counsel when reaching a collective bargaining agreement. Keep in mind the T.I.P.S. and F.O.E. rules when you’re providing your team members with information, because you want to be sure not to engage in a ULP or commit a labor law violation. It’s one of the many reasons you need a labor relations professional, who has the knowledge and expertise required to assess the situation, can offer you the proper legal advice, and can help maintain employer-employee relationships. Your leaders need to know what they can and can’t do or say to avoid committing a ULP.5. There's No Time Limit For Union BargainingUnions often make it seem like they can affect quick changes -- higher wages in a month or two, for example. The truth is, the union bargaining process has no time limits, and your employees won't see any changes in the interim. Unfortunately, unions are known for manipulating statistics in their favor and cherry-picking certain information to make them look highly favorable as compared to employers. Here is a more in-depth look at how to recognize and address common union lies. 6. Individual Needs Can Get Lost In The NoiseUnions like to say that in collective bargaining, employees gain a voice in the workplace, that they will have a chance to negotiate for the things that matter to them. But in reality, a small group of union representatives carries out collective bargaining, not employees. A promise of a voice can be misleading. During heated or difficult union negotiations, things that matter to individual employees can be lost in all the noise.Since groupthink is essential to union success, it’s easy for the individual employee voice to get lost and silenced. It’s common amongst membership organizations (of any type) to encourage people to think and act a certain way, but this means that individuality can be frowned upon in unions. This is one of the many disadvantages of unions, as it discourages collaboration and can have a very poor impact and influence over company culture.7. Collective Bargaining Gives Employees Less Personal PowerBe sure to share that collective bargaining is just that - collective. As in, one solution for the entire bargaining unit. Employees are often surprised to learn that they can no longer go directly to their supervisor or manager to handle their personal needs. A union contract is meant to spell out the rules and everyone must follow them. And like the contract or not, members are expected to pay dues as soon as an agreement is reached.Educating employees on the process and the realities of collective bargaining is an important part of your obligation as an employer. When you help team members understand the facts, they're empowered to turn a critical ear to the things they may have heard. Educating employees on the process and the realities of #collectivebargaining is an important part of your obligation as an employer. #employeerelations #laborrelations Click to Tweet Final ThoughtsIt’s easy to think that since a union contract is in place, that you’re simply out of options. The truth is, you can be union-free again in the future. We cover this more in depth in this article, titled “I Was Unable to Stop a Union Organizing Campaign, Now What?” Most importantly, stay within the law and know your rights as an employer when it comes to union organizing.Remain proactive in your employee relations strategy to educate your employees, and strengthen a workplace culture where employees don’t feel they need a union. This helps build trust and maintain communication between leadership and team members. In addition to educating your employees, keeping yourself informed on the latest trends in labor relations and being prepared for the future can help you to create an atmosphere where unions simply aren’t necessary.
0 Using a Dedicated Website to Communicate During a Union Organizing Drive Table Of Contents 1Social Media Among Generations2A Manager-Facing Website for Union Organizing3The Benefits of Employee Sites, Dark Sites, and More4What to Include in Your Employee-Focused Website: 5Next Steps If you’re committed to keeping your organization union-free, you need to make sure your online employee relations resources are as powerful as what any union might offer your employees. At the top of this list of resources should be an employee-focused website that helps not only during union organizing campaigns, but can be a resource that is used for employee reference anytime they should need it. Unions are among today’s most active social media marketers, utilizing social media networks like Facebook, LinkedIn and even Twitter to lead organizing drives. So if your organization fails to address – and answer – unions’ online and social media outreach, you could be sitting at the bargaining table before you know it. Add to that the fact that employees can now sign union authorization cards online, and you’ll come to the conclusion that you’ve got to reach your employees where they are.Projections Inc. is a leading resource for video, eLearning, and custom website solutions for companies in all industries. With decades of experience, we’ve had the pleasure of helping organizations to stay union-free and consistently empower and educate their teams with the resources they need. We will cover why it’s so important to have a custom website for union organizing, and steps you can take to make sure you’re equipped with the knowledge and resources necessary to protect your workplace from a union. In our experience, we believe that focusing on creating a culture where unions simply aren’t necessary is key to increasing employee engagement and retention, and building a workplace that is truly union-proof.Social Media Among GenerationsAccording to the Pew Research Center, 93 percent of Americans use the Internet. Among Millennials, or those between the ages of 18 and 29, the figure is even higher, at 99 percent! Even more significantly, as of 2021, Millennials make up at least 35 percent of the workforce as of 2021, meaning they make up the largest percentage of today’s workforce. And poised to reach them, with their robust social media marketing machine, is organized labor.Take into consideration some of the pro-union groups utilizing social media to reach your employees. The Teamsters (IBT), for example, boasts almost a quarter of a million “Likes” on their Facebook page. UniteHERE! has nearly 40,000. The SEIU boasts over 60,000, and has just as many Twitter followers. With new social media platforms, such as Clubhouse, a private app, with no record of what’s discussed, open to anyone with an invitation, you don’t have to be a social media expert to know the potential implications. It’s no secret that union organizing is continuing to grow virtually, and utilizing every platform possible to reach more people and spread their pro-union rhetoric.Your company employs state-of-the-art technology to enhance production and performance. You invest in the best talent money can buy and work hard to create and preserve your reputation as an employer of choice. Unions, on the other hand, tap into their online network of thousands of organizers to militantly accost workers through social media, often spreading misinformation and false accusations. Organized labor certainly isn’t shy about boasting of their social media organizing drives, and more and more unions are now conducting card signing drives online.A Manager-Facing Website for Union OrganizingFirst things first: effective union avoidance strategies are a two-way street, and involve sincere actions on your part. A big part of this relies on positive employee relations, When your workers understand that they’re a valued part of your business, both of your jobs become much easier. You may wonder if your workplace is more vulnerable to union-organizing, and you can take a free quiz here to find out how susceptible your organization may be.To protect your organization from the unions’ influence, start with a dedicated, password-protected website that will provide your managers and supervisors the support they need. A management-side website can give your supervisors the tools, the resources, and the confidence they need to quickly respond to any “ambush” union organizing drives, whether online or off.What goes into a site like this for managers? Begin with detailed information on what to do, who to contact, what to say (and not say) in the event of organizing activity. More in-depth information such as specifics on the union or unions most likely to target employees, including their finances, membership, and current state of affairs.The Benefits of Employee Sites, Dark Sites, and MoreBy far one of the most effective campaign tools is a private website dedicated to addressing your employees’ questions and concerns, as well as anything union organizers might be saying. Crafting a “dark site” (meaning 95% complete, but not yet online) ahead of organizing activity allows you the flexibility to respond quickly to ambush elections and launch your site the moment you receive a union petition. If you’re not familiar with the basics of a dark website for union organizing, you can learn more here to educate and empower yourself on the benefits. The just-in-time nature of a dark website means your team can address the issues immediately, without worrying about the technology!Consider these points when planning your site: Experience matters! Especially when creating a dark site, you may not know what you don’t know yet – but an experienced provider will, and can help you anticipate what content you’ll need. Choose a smart, memorable URL Tracking is key – do NOT plan to track individual visitors, but instead use your tracking data to understand what concerns are urgent, and where you need to provide additional information Don’t be afraid of two-way conversations. Plan to allow for anonymous submissions – and answer those questions! What to Include in Your Employee-Focused Website: Your employee-focused site should provide the following helpful information: Engaging, accurate and frequently updated information on compensation, benefits and the costs involved with union dues. Interactive elements, such as a strike calculator Videos highlighting the benefits of being union-free — video makes the site more “sticky,” or engaging, and most people (of all generations) prefer video to reading Transparency, including a forum for workers to anonymously air concerns and ask questions Remember that your site will reach not just employees but their families. Even if you choose to password-protect it (which we highly recommend), the union supporters will have access to the site. The more straightforward and factual the site is, the more this will work in your favor. Next StepsIf you have found that your organization may be vulnerable to union organizing, or you simply want to be prepared in the event a union organizing drive occurs, we’re here to help! Whether you need to prepare for union organizing, educate and inform throughout the campaign itself, or stay in touch during contract negotiations – we’ve got the tools you need to make your online communications a success. Contact the Projections team today, or book a screenshare demo to see some examples and explore your specific needs.
0 Employee Relations Best Practices to Stay Union-Free Table Of Contents 0.11. HIRING/SELECTION PROCESS0.22. FIRST LINE SUPERVISION0.33. COMMUNICATION0.44. UNION AVOIDANCE TRAINING0.55. ORGANIZING (THIRD PARTY) DETECTION0.66. EMPLOYEE RELATIONS (HUMAN RESOURCES) TEAM0.77. WAGE & BENEFIT STRUCTURE0.88. RETENTION0.99. POLICIES & PROCEDURES0.1010. EMPLOYEE INVOLVEMENT0.1111. MANAGEMENT VISIBILITY/ACCESSIBILITY1Developing Your Positive Employee Relations Strategy It's no secret that to become an employer of choice, you must embrace positive employee relations. In addition to helping your workplace to remain union-free, this will also foster a strong sense of community and boost employee retention. There are best practices that your organization can follow that can help to strengthen your workplace culture. We have written at length about developing a positive employee relations strategy, and the many benefits that come along with it.Our team has had the honor of completing over 3,000 projects with employers in organizations that have engaged employees, developed leaders, and prevented unionization. Furthermore, we have supported more than half the Fortune 500 in their efforts to connect with hundreds of thousands of employees by way of custom-made videos, e-learning solutions, websites, social media, online learning platforms, certification programs, streaming services, and additional creative solutions to their employee relations challenges. Today, we're going to cover what we believe are the most vital areas to address when creating an environment in which unions are unnecessary.1. HIRING/SELECTION PROCESSFirst, your positive employee relations strategy starts with hiring. You need to partner with your Human Resources professionals when it comes to choosing the right candidate for the position. Use extreme caution, do background checks, and if it's possible, leverage social media in the recruitment process. Be sure to always have more than one person interview each prospective hire if at all possible and be sure you know the legal "do's and don'ts" of interviewing. Make sure all participants are not only trained on what they cannot ask, but also about what they should ask. Furthermore, take into consideration your recruiting strategy - placing the right people in the right position will have a positive impact on future retention and engagement.Establishing a strong, positive employer brand is going to have a significant impact on your job pool and the candidates who apply for positions within your organization. In fact, it may be one of the largest factors that are within your control when it comes to hiring. Consider the following statistics from Glassdoor:86% of employees and job seekers research company reviews and ratings to decide on where to apply for a job75% of active job seekers are likely to apply to a job if the employer actively manages its employer brand86% of women and 67% of men in the United States wouldn't join a company with a bad reputation 68% of Millennials, 54% of Gen-Xers, and 48% of Boomers indicated they visit employer's social media properties specifically to evaluate the employer's brandWhat does this mean for your workplace? In order to keep employee engagement high and become an employer of choice, a branding strategy should be in place in order to hire and retain top talent. 2. FIRST LINE SUPERVISIONAlways maintain supervisory involvement on all shifts - your first-line team makes or breaks a union-free facility. First line supervision "is" the organization to most employees; front line supervision must "sell" the organization's party line at all times. Establish a core team of trained supervisors on all shifts, often known as part of your "Rapid Response" team, and use this team as a sounding board for policy changes, as communication conduits, to train weaker or new supervisors, and to communicate about unions in the event of card signing.3. COMMUNICATIONCommunication is of the utmost importance when it comes to a positive workplace culture. Communicate early, often, aggressively, and as consistently as practical on all matters affecting the business, Human Resources matters or community-related items. In addition to frequent communication, you should make it a point to request feedback from your employees whenever the opportunity presents itself. Relying on annual employee engagement surveys to give you a clear picture of employee relations and how your employees are feeling is a practice of the past.Establishing an open-door policy where employees can ask questions and express grievances directly to leadership and management will help to avoid them turning to a union in the future. In addition to this, it's important to establish communication lines with employees across the board. In many organizations, especially after the 2020 shift to remote-work and some sort of mix of working in the office and at home, there are employees who don't set foot in the workplace. Some are simply working in the field and don't have access to the same resources as those who are always in-house. Keeping employee engagement high and, therefore, staying union-free means that you have to have consistent and frequent communication with deskless and field workers just as often as the employees that you see every day in the workplace.Never let the rumor mill be a suitable substitute for communications and never assume employees understand company policy, procedure, culture or benefits. As much as possible, involve the employees' families.4. UNION AVOIDANCE TRAININGFirst, your managers, supervisors, and employees at all levels need to know what a union is, and what happens during union organizing campaigns. You should implement labor relations training for your leaders first and foremost, so they understand how their actions impact the culture in your organization. Employees should have a basic understanding about why unions may come poking around their workplace, and what their rights are should union organizing take place. Knowledge is power, and supplying your leadership teams with the information they need to protect themselves and their organization from things like a union salt can only be beneficial to everyone involved. It's common for employers and even some Human Resources professionals to shy away from certain topics, like union organizing, but it's essential to empower your teams with knowledge. Sharing your company values and all the reasons for remaining union-free shows authenticity and honesty, and instills trust and confidence in leadership.Union avoidance training should be ongoing or at least bi-annual for all supervisors and leadership within the organization. Upper management should be actively involved and have major buy-in. Get as sophisticated as possible with this training - the better armed your supervisors are, the better they will be able to defend the facility. Use a combination of live training, video, and eLearning to reach every supervisor on a regular basis and to keep them engaged.5. ORGANIZING (THIRD PARTY) DETECTIONEnsure that there is a network to report any and all unusual or suspected third party activities. A management-facing LaborLook. com website is an excellent tool for keeping an eye on union activity if you have multiple locations, allowing reporting of any activity in the local area as well. The core team of supervisors can be the conduit for such reporting and they should develop their own networks within their work areas to keep apprised of and report any activity. The reporting party should be thanked and not chastised for reporting seemingly insignificant items.6. EMPLOYEE RELATIONS (HUMAN RESOURCES) TEAMHuman Resources representatives must walk the fine line of employee advocate and management defender. They should be very well versed in union avoidance/detection skills. Partner with your HR professionals to not only hire the right candidates for the right positions, but avoid the likelihood of hiring a union salt. Keep your Human Resources team up-to-date with training and fully filled in on union avoidance strategies.They should have a presence on all shifts and "press the flesh" as much as possible. The absence of this presence will steer employees towards outside assistance, such as a labor union or government agency.7. WAGE & BENEFIT STRUCTUREA true union-free culture should differentiate itself from unionized workers and product competitors by providing competitive wage and benefit structures. These items should be reviewed and adjusted on an annual basis, or more, if needed. Don't let the competition get ahead, especially if they are a union shop.Consider some of the following employee engagement and retention statistics gathered from LinkedIn's Global Talent Trends 2020 report:Companies that were rated highly on compensation and benefits saw 56% lower attrition48% of talent professionals say their workplace should improve compensation and benefitsAdditionally, Zoro found that 72% of employees felt that more work benefits would increase their job satisfaction, and 82.5% of Millennials (who make up the largest part of today's job force) would like in-office perks and benefits such as a gym, game room, etc. While wages and benefits make a significant impact on employees and their willingness to stay with a company, don't disregard the smaller "benefits" that you can offer to incentivize them and to provide a better employee experience. Of course, frequently communicate the benefits employees are entitled to, so there is never a question.8. RETENTIONAs we shared above, employee retention begins with the hiring process, from the initial interview through the onboarding process. Consider a Pre-Hire Orientation video that honestly describes the company, your brand, values, culture, and of course, the job and the expectations for the position. Crucial to any business is the retention of its workers. Care must be given to provide the proper wage, benefit, and career growth opportunities to all employees. Your onboarding of new hires should include an orientation video with the company's union-free philosophy as a part of that consistent message.Company culture plays a large part in the retention of your employees as well. Focusing on a positive workplace, employee experience, and creating an atmosphere that fosters respect, diversity & inclusion, should all be incredibly important to be able to attract and retain top talent.9. POLICIES & PROCEDURESPolicies and procedures should always be tailored with keeping the third party at bay. Items like skip-level meetings, spontaneous employee recognition, general employee recognition, employee involvement, company sponsored community involvement, etc. should be developed, encouraged and fostered to the fullest extent possible.10. EMPLOYEE INVOLVEMENTThe key to a positive employee relations strategy is to establish teams that empower employees to provide feedback, input, and suggestions. The importance of frequent and consistent feedback from your employees cannot be overstated. A workforce that knows their voices are being heard and their input is valuable is much less likely to turn to a union to express and grievances. They know they can come to management before potential issues become bigger problems. A UnionProof culture, when managed effectively, has proven to be a valuable extension of the management team, and can facilitate problem resolution and favorably impact on the bottom line.11. MANAGEMENT VISIBILITY/ACCESSIBILITYManagement visibility is essential in every union-free environment. Upper management's visibility and accessibility is also a needed ingredient. Employees welcome the attention and sense that it is all part of management's commitment to the company's culture. The interactions must be genuine and sustained and cannot be perceived as the "car salesman" approach or the "glad-handing politician."As we stated above, an open-door policy where management is always readily available to hear from employees and listen to them is crucial to becoming an employer of choice. Remember, forums such as Glassdoor and LinkedIn exist -- where employees can anonymously share their experiences and give a behind-the-scenes look at what it means to work for a company. Potential job candidates are actively seeking this feedback and judging whether or not they want to work for an organization based upon their reputation.Developing Your Positive Employee Relations StrategyPositive employee relations can be the key to becoming a union-free workplace where unions simply aren't necessary. Developing this strategy is a process, and it doesn’t happen overnight, which is why it’s so important to start now! Over 40 years of experience has taught us that connecting with employees is the clear path to creating successful companies that matter.Whether you're a Human Resources executive, thrown into the midst of a cardsigning campaign or a seasoned Labor Relations expert, UnionProof Certification will give you the knowledge you need to be prepared in any labor relations discussion or situation.
0 The Cost of Unionization Table Of Contents 1The Cost of A Union Organizing Drive1.1How Much Do Union Dues Cost? The Cost of Unionization for Employees 1.2What Do Union Dues Pay For? 1.3The Cost of Unionization on Companies 1.4Do unions cost jobs and reduce the ability of a company to remain competitive?2The Impact Of Unionization on Corporate Valuation2.1The True Cost of Unionization3How do employer costs per hour worked compare for a union vs. non-union workforce? What is the cost of unionization? For union members, it’s typically around two-and-a-half hours of pay each month. But, for a company, the cost of unionization is more in line with a 30% increase in operating expenses. And the cost of a union to a community – in lost jobs, loss of competitiveness and productivity, strikes, and consumer confidence - can be staggering.In this post-pandemic time, it’s easy to get caught up in the emotional side of the question of unionization. With a new pro-union administration, calls for social justice, and even labor union excitement at the political support they’re currently receiving, unions are clearly expecting an upswing. Despite this emotional wave, it’s important to stay focused on the facts about the cost of unionization. The Bureau of Labor Statistics research indicates the percent of wage and salary workers who were members of unions in 2020 was 10.8 percent (private and public sectors combined), which is a .5 percent increase from 2019. The hope is that this makes people believe the trend in the decline of union membership was reversing. However, the relative increase in union membership was mostly due to a decline of 9.6 million fewer employees because of the pandemic. This made the union membership rate higher. The fact is, overall union membership was down by 321,000 members when comparing 2020 to 2019. There are many reasons for the continued decline in union membership, and the financial cost to employees and employers is one of them. What impact do unions have on employers and employees? Most research focuses on union wages and benefits, and the Bureau of Labor Statistics (BLS) shows that union workers continue to earn more than non-union workers. But the cost of unionization includes far more than wages, and these statistics are only a small fraction of the complete picture of the cost of unionization. As unrest in the workforce grows, understanding the real and full cost of labor unions on business, employees, families, and the community is vital for a complete picture of the cost of unionization.The Cost of A Union Organizing Drive Labor consultant Jim Gray specializes in helping business leaders with human resources and business transitioning issues. Over the course of decades in working with companies facing union organizing drives, Gray found that companies could expect to spend anywhere from $400,000 to well over $2,000,000 on a single unionization campaign. Gray’s analysis includes vital investments like legal counsel to keep the company from running contrary to the law, costs like travel expenses, and spending time and resources to educate employees on both sides of the unionization question. Add to that the lost productivity, the stress, and a loss of consumer and vendor confidence, and you have a total cost that is often hard to quantify but can add up to thousands – even millions. And of course, the larger the company, the more a single unionization campaign costs.Today, we’re in the path of a perfect storm that has a lot of employees asking if a union is their best path to a brighter future. The COVID-19 pandemic, job losses, scheduling changes, and the pivots companies have had to make to stay afloat have affected workers dramatically, and in some cases, permanently. Issues surrounding worker safety and mental health during the pandemic created uncertainty, and fear of the future is a formula for employees turning to unions. Add to that Corporate Social Responsibility, wealth inequality, the push to pass the PRO Act, and technology that supported remote work actually making it easier for unions to organize employees from traditional and non-traditional bargaining units, and the cost of unionization becomes more relevant every day. The Amazon union vote in Bessemer, Alabama, got a lot of national attention. Teacher strikes and protests regarding returning to face-to-face classrooms, work stoppages, and walkouts over a perceived lack of corporate responsibility for worker safety and a seeming lack of concern for the contingent or gig workforce have each been at the center of a rallying cry by unions. These issues have provided a platform for greater visibility for unions.Unions have long stated that “it doesn’t cost to belong to a union – it pays!” But the cost of a strike can be enormous. During the 2020 pandemic, after two years of increases in the number of work stoppages, we saw fewer major work stoppages in 2020. Experts are predicting an increase in work stoppages in the second half of 2021 as people return to work.Unions’ strategy for seeking out new members is to target employees at growing, profitable companies. Fewer companies fit that profile in 2020 and early 2021, having had to make cuts to remain competitive. But sudden change can cause fear in employees and put them squarely in the sights of unions. When unions cannot seem to make headway into well-run companies, they’ll vilify a company working to maintain profitability by engaging in orchestrated corporate campaigns. A corporate campaign is a strategic and concentrated effort to damage a company to the point where they accept the union’s representation of workers. A corporate campaign is also when the cost of unionization for the company begins even before a union represents workers. A lot of employees wonder if a union is their best path to a brighter future, but the cost of a #unionstrike can be enormous. #unions #costofunions click to tweet How Much Do Union Dues Cost? The Cost of Unionization for Employees Unions still like to organize on a platform of “The Benefits Of Being A Union Worker”— that unionized workers receive higher wages and more benefits than non-union workers. But the real question is, why should employers pay more per hour to cover the cost of union dues? The Office Of Labor-Management analyzed union financial data for the period 2000-2019. In 2019, $10 billion was collected in dues, and only $3.75 billion went to representational activity. The average union collected $2.5 million in dues in 2019, and about 36 percent went to representational activity. And with fewer members, unions must increase the dues for existing members, meaning workers see an increase in the cost of unionization as well.How are union dues calculated? The amount of union dues employees pay varies because each union sets the amount. Some unions charge a percent of pay, while others have a flat amount. The Teamsters Union dues rate is 2.5 times the hourly wage for one hour plus two dollars for the strike fund if you make $11 per hour or more. If making less, it’s 2.0 times plus the strike fund. The UAW has a more complicated setup because, tellingly, they are trying to build an $850 million (yes, almost a billion dollars!) strike and defense fund. Until that goal is reached, UAW members are paying dues of 2.5 hours of straight time pay. After that amount is reached, dues are two hours of straight time pay. SEIU Local 2015 for California Long Term Caregivers has a regular member dues rate of 3 percent of gross wages with a minimum of $15.50 and a maximum of $45 and includes the strike fund. So the average union dues percentage in 2021 ranges from 1.5-4.0 percent of gross wages, depending on the union local and any assessments the local union charges.What Do Union Dues Pay For? Unions talk about the cost and benefits of union membership in the same breath. The dues are said to benefit employees, but up to half of the dues (called per capita) go to the International. In exchange for their dues money, union members get: Representation in collective bargaining Representation during labor grievances Established rules on wages and benefits Established rules on issues like promotions and raises Lobbying at the national level for laws that benefit organized labor Established rules on job security, seniority, and tenureEstablished rules on hours, scheduling What’s important for employers to communicate is the flip side of these services. Employees lose their flexibility to have personal needs met, something that’s vital in times of stress. Unionized employees lose their voice and ability to speak to management on their own behalf. A unionized worker can be forced to strike - often when they’re least able to afford it. Adversarial relations often develop between management and employees, perpetuating an “us vs. them” mentality, which can devastate any organization that thrives on collaboration and teamwork.The Cost of Unionization on Companies Why do so many organizations, such as Amazon, Wal-Mart, FedEx, Citigroup, Associated Builders and Contractors, even the US Chamber of Commerce, take such a strong stance against unionization? In his landmark text, “Unions Are Not Inevitable!” author Lloyd M. Field explained, referencing multiple studies conducted in the five years following unionization. Field found that newly organized company’s operating costs increased by more than 25 percent of their gross payroll and benefits costs. In his book, Field provides an example of a company with a total payroll of $18 million, for whom unionization would then result in $4.5 million in additional annual operating costs. Some years ago, researchers John Dinardo and David S Lee conducted a study on “Economic Impacts Of New Unionization On Private Sector Employers,” in which they estimated the impact of unionization on business survival, employment, output, productivity, and wages. They concluded that increased wages and benefits have an insignificant impact on the market value of an organization. In the years since we have had reason to question the truth of this conclusion. Why did unionization play a significant role in the automobile industry crisis? How did unions figure into the Hostess crisis that laid off over 18,000 workers? It’s clear that the cost of unionization on a company can be devastating to its ability to survive in difficult times.Do unions cost jobs and reduce the ability of a company to remain competitive?The additional costs are real. The real estate firm Related, located in New York, sued construction unions because the unions were inflating costs by $100,000. The lawsuit said the company was being forced to pay up to $70 an hour for someone to pick up coffee. The union’s own financial struggles were being passed along to employers. Unnecessary high costs like this were a product of inefficient union work rules requiring more workers than necessary and New York’s prevailing wage law. While this is just one example, New York’s construction unions are not the only unions that have a problem because their retirement funds are in crisis. Unions need new members and younger workers to support retiring workers. In this case, in a completely legal scheme, New York’s construction unions were setting wage rates based not on costs or market rates but on their own need to fill their coffers. Gray estimates that the total additional annual operating expenses for an organization with a union presence range from $900,000 (for a company with 100 employees) to more than $4,000,000 (for a company with as many as 2000 employees.) These estimates do not include wages and benefits but do include items such as:additional training on managing in a union environment additional Human Resources training and administrative support ongoing legal fees cost of arbitrations handling of grievances time spent in negotiations with each contract renewal lost productivity due to union work rules strike contingency planning to reassure customers security in the event of unrest lost sales margin against non-union competitorsExtending the research out to 10 years post-unionization, the Employment Policy Foundation (EPF) stated that a unionized company’s output per employee is 2.4 percent less than a union-free competitor if that unionized company experiences just a .25 percent reduction in productivity. The EPF concluded that, unless the unionized company could sell their product at a higher price or other cost savings could be attained, the unionized company is likely to see 14 percent less in profits per labor hour than their non-union competitor. In his book, “Union Proof – Creating Your Successful Union Free Strategy,” author Peter J. Bergeron noted that the cost of operating a unionized organization is estimated to be 25 to 35 percent higher than a union-free organization. Bergeron goes on to point out that unionized organizations lead to more extensive human resources staff, increased legal counsel, increased involvement with regulatory agencies, loss of flexibility, and increased labor costs due to rules on overtime, grievances, and arbitration processing and many other requirements.The Impact Of Unionization on Corporate ValuationDavid Lee conducted a second study, this time teaming up with another Professor of Economics and Public Affairs at Princeton University, Alexandre Mas; this second study used a similar methodology to Lee’s earlier study with DiNardo and found that unionization reduced an organization’s market value by approximately $40,500 per worker eligible to vote in a unionizing campaign. A more recent project by Keegan Woods and Kelvin Jui Keng Tan at the University of Queensland looked at union influence from a different perspective. Does the influence of unions in the political arena in the United States have a negative impact on corporate value? If so, do corporations spend more than they would otherwise to try and offset union influence? The conclusion was that labor unions do have a negative effect on firm value through the political channel (lobbying paid for with union dues), forcing corporations to make more political contributions to stop the potential damage. This is particularly relevant today as the pro-union Biden administration and House of Representatives push for laws like the PRO Act, making it easier for employees, gig workers, and supervisors to join unions. With extensive operational costs and potential loss of market value, organizations must be diligent in their strategies to avoid unionization. An integral part of any successful union avoidance strategy is communication with employees.As noted by Bergeron, “Companies that are afraid of the ‘U-word’ are the unions’ most accessible targets.” If your employees aren’t knowledgeable about unions, make sure that you are the one to provide that information – otherwise, the union will do it for you, and not in a beneficial way. Employers need to provide useful information. In short, employees need to see current, relevant factual information. They need to know about the things that can affect them, and they need to know that upper management... is aware of the challenges they face on a daily basis.” The Library of Economics and Liberty points out that economists studying unions analyze them as cartels that restrict labor supply to force wages above the competitive levels. Think of apprenticeship programs for the trades. They limit the supply of labor. Once a union wins an election, they have monopoly power to represent all employees. Unions get their monopolistic power from government policy and laws that protect them from things like antitrust laws and force employers to make their property available for union use. When employers face increased costs and are forced to pay higher wages, they inevitably hire fewer workers. Make sure that you are the one to provide knowledge about #unions to your employees – otherwise, the union will do it for you, and it won't benefit you! #unionproof #costofunionization click to tweet The True Cost of UnionizationGiven all the factors working in favor of unions, now is the time for companies to embrace the new Proactive Era and take measures to make sure employees understand the value of their signature and their voice. How do employer costs per hour worked compare for a union vs. non-union workforce? A 2021 study released by the Bureau of Labor Statistics (BLS) supports these claims. Researchers found that, as of March 2021, union-free employees were paid an average of $25.43 per hour, while union employers in the same sector were obligated to $30.24 per hour. Additionally, unionized workers received $20.49 per hour in benefits, whereas union-free employers were able to keep benefits costs to $10.03 per hour per covered employee. Union dues are not accounted for in this study, but does any of that matter if the company – or entire industry – collapses under the strain? The differences in the cost of unionization to a company are significant when annualized. Union organizers and supporters may quote numbers like these and point to the fact that non-union workers have median weekly earnings that are 84 percent of the earnings for union workers. They cherry-pick facts, leaving out a large piece of the total picture. If you don’t talk to employees about the true cost of unionization, they will only hear the union’s interpretation of statistics. Back before 2000, most companies lived in the Reactive Era, only talking about unions – and investing in remaining union-free - when there was an active organizing campaign. But constant fire-fighting was exhausting, and we all realized we needed to get out in front of union activity. As we worked diligently to understand what employees were thinking, the last two decades have been characterized as the Engagement Era. Positive employee relations was really coming into its own, and the cost of preventing unionization shifted to investments in avenues for campaign readiness, feedback, input, and so many employee surveys. Then, we ushered in 2020, a pandemic, corporate social responsibility, and the beginning of a new era in labor and employee relations. As leaders today, we’re expected to step up and stay one step ahead of the challenges facing workers today. This shift has ushered us into a new era of labor and employee relations – the Proactive Era. What does it mean for you and the future of your positive employee relations strategy? Every union-free employer must take preventive action now – building positive employee relations with employees to let them know how much they are valued, not just for their output, but for their skills and input as well.Employers should consider it their responsibility to educate and inform employees of the reality of the cost of unionization. The marketplace is challenging and competitive; make sure you and your employees understand the cost of unionization in order to stay ahead.