All Posts by Walter Orechwa

Before online connectivity, every stage of union organizing became apparent fairly quickly. Organizers had to hand out fliers, meet at the union hall, and knock on employees' doors. That was then, and this is now. Today, virtual union organizing is enabling workers to connect through websites, social media, and union organizing-focused apps. The approaches may vary but the goal is the same: giving unions the ability to organize online with ease.

Supplementing “Once Upon a Time” Union Organizing

The strategy unions used after years of success was simple, clear-cut and easy to see. There are five basic steps unions use to organize employees: spread the message, notify the NLRB, run an organizing drive, hold an election and negotiate a collective bargaining agreement. As UnionProof explains, there is a step-by-step process for a union campaign that has become relatively predictable over the decades.

Two events are significantly changing this "old-fashioned" form of organizing. The first is technology, giving people easy and private access to each other. The second is new generations of workers who embrace technology and have different perspectives about what employee voice entails and different expectations concerning management, work, and the workplace. Millennials and Gen Z have different ways of communicating. Social media, texts, audio apps, podcasts, and videos are more prevalent than any face-to-face communication.

So it's not surprising that new ways of union organizing appear, like Alt-labor and various online organizing platforms. The latest step forward is Unit, an online platform where employees can create their own legal labor union. Others are not labor unions as defined by law, but are employees organizing just the same. Younger generations of workers view the concept of organizing with a new perspective, making staying union-free even more challenging. Sites like unitworkers.com along with apps like Signal and Clubhouse make virtual union organizing easy, convenient, and largely, secret .

Getting The Message Out With Technology

Not long ago we discussed the Alphabet Workers Union (AWU), which was formed as a non-contract union, designed to address Corporate Social Responsibility. It isn't an NLRB-certified labor union. It is an employee group that agreed to pay dues and to have a single voice, similar to a union. Anyone can join the "club" that is connected to Google, including gig workers. A national union is helping the employees, of course – the Communications Workers of America (CWA). The virtual union organizing effort was kept silent for a year, and technology was the major enabler initially and is making rapid growth in membership possible. 

A company called Unit of Work is now taking virtual union organizing to the next level, enabling the formation of an NLRB-sanctioned labor union.

Calling itself "a new kind of labor union." unitworkers.com is a kind of union in an app – that caters to younger workers. The platform and process are designed to encourage employees to participate by making the process of forming a legal labor union and negotiating a contract as simple as possible. It's meant to attract employees who don't necessarily want to get involved with a national union but have no idea how to organize.

Everything is done via the app:

• An employee creates a Unit
• The Unit originator gets the conversation going about a workplace issue and possible solutions
• Coworkers are invited to join Unit and find tools for sharing anonymously, digitally, and/or in-person
• After 70 percent of coworkers sign the petition, Unit submits the petition to the National Labor Relations Board
• A vote is held via mail or in-person
• If a majority of people vote "yes," a Unit Union is formed
• Unit handles all necessary paperwork, including contract management

Employees pay a fee of .8 percent of monthly earnings to Unit. Employees can also vote to pay additional union dues for their own projects, attorney fees, local union campaign costs, and/or social events. Reading Unit's webpage, "Common Questions About Unions," the explanations designed to justify unionizing point to the importance of developing positive employee relations by giving employees a voice.

• Will an employee joining a labor union affect the ability to get raises or promoted" The answer: "You get a voice" in how the union negotiates.
• Will unionizing hurt the employer? The answer: Unionizing helps the employee and employer make sure needs are met, which requires giving workers a voice to express needs.
• Is Unit Union different from traditional unions? Answer: Employees get to vote on everything that happens in the union, and they get access to digital voting and communication tools.
• Can we run an independent union ourselves? Answer: Unit is being built from the ground up to make running an independent labor union easy and rewarding. Please let us know if there is a feature you want that we aren’t talking about.

Unit Union employees are free to affiliate with a conventional labor unit at any time, suggesting Unit might be working with the national unions. Unit of Work, Inc. developed Unit platform through the efforts of three people who have years of organizing experience per their online bios. They surely have connections in the major national unions and praise large unions' ability to "bring pressure against employers and support local unions."

Virtual Union Organizing Overcoming Common Issues with Labor Unions

It is interesting to note that Unit specifically addresses the common arguments and claims this new tech-based organizing approach is designed to eliminate the significant issues. For example:

• Employees can track how their dues are spent online at any time, which prevents corruption
• Employees can cancel the Unit Union contract at any time
• Employees can choose how much they want to pay for dues
• Employees can say they don't want any dues sent to politicians
• Unit allows employees to decide what they want to negotiate individually, like pay, versus what is negotiated collectively.

Online Union Organizing Is Private

The goal is for virtual union organizing to take place before the employer finds out. There is a growing number of communication apps that focus on user anonymity. Though not explicitly designed for creating a labor union, they are ideal for undetected communication. These tools also enable organizers to reach out to employees in any location and recruit support for their cause.

The nonprofit Signal designed a platform that enables secure messaging through end-to-end encryption. Privacy is built into the system, so only people in a particular conversation can see messages, videos, stickers, file transfers, photos, voice calls, and listen to and view video calls. It can handle up to 1,000 people on a group chat and up to eight people on a group call. The messaging app is so secure, even Signal's owners can't monitor whatever is shared. It also has a self-destructing messaging feature.

"We recently wrote about the Clubhouse App because it is indicative of the trend in social media in which a platform is designed to specifically bring together like-minded people," explains Jennifer Orechwa, Director of Business Development for IRI Consultants. "Technologies like Signal and the Clubhouse App have a real potential to change how unions connect with employees and how employees connect with each other."

The apps are accessible via a computer, mobile phone, or tablet. Mobile apps make it easy for employees to communicate 24/7 and for unions to gain access to employees. It was more difficult when union organizers had to arrange meetings in a physical location to share information and get signatures on union authorization cards.

Turning the Tables with Technology for Positive Employee Relations

Unit Workers, like all virtual union organizing enablers, emphasize employee voice as a source of empowerment. They are using technology to support connecting employees in legal and non-traditional labor unions. Apps and other tech tools are used to develop online relationships, especially important in a workforce that consists of remote workers who can rapidly become disengaged.

Ironically, labor unions and employers have a common goal: develop positive employee relations because there must be a certain level of trust before people will thoughtfully listen. Achieving positive employee relations is a process that requires ongoing communication, innovation, and a thoughtful ,strategic approach.

Bottom line:  You can turn the tables on virtual union organizing and give employees access to the same type of communication tools - mobile apps allowing messaging, chat sessions, videos, pictures, file sharing, and most importantly, connection. Video calls and podcasts add a personal element. Giving employees and their families easy, 24/7 access to a fact-based dedicated website is a crucial union prevention strategy. Your site should include company positives, making the business case for remaining union-free, and fact-based information on the union. Add an FAQ page and the ability to ask questions anonymously, and you are offering the same opportunities as the emerging apps, maintaining your direct connection with team members.

Then train your leaders, providing skills to support employees and promote positive employee relations, employee engagement, employee voice, and employee empowerment. Employees need to be able to connect to each other and to managers and supervisors in meaningful and exciting ways.

Communication Determines Culture

The truth is the type of communication in an organization determines the culture. As Natalie Baumgartner, Chief Workforce Scientist at Achievers, wrote in a Harvard Business Review article, "While work cultures are unique to every organization, the foundation of what enables a culture to thrive is the extent to which employees are empowered to be engaged, feel valued, and be heard. This is where leadership comes in." She explains that leaders in a survey believed they were doing what is necessary to build and improve a positive culture, but 45 percent of employees said their leaders are either putting out minimal effort or are not committed to improving their organization's culture.

The recommendation is for leaders to prove to employees they want to create a positive culture by putting some of the power to impact culture into employee's hands by:

• Allowing employees to give feedback and acting on that feedback
• Giving employees the power to speak up when they disagree or have issues with management
• Building a culture of recognition in which leaders and employees acknowledge and appreciate each other frequently
• Encouraging employees to interact with each other on a day-to-day basis to strengthen workplace relationships, which can be online or in office
• Developing leaders who can provide guidance to employees on improving relationships, i.e., encouraging employees to talk to coworkers they don't know well, suggesting groups or projects, etc.

Positive employee relations are genuinely about having a culture of honest, encouraging, supportive communication. Technology is a powerful supporting tool. You want your employees to use apps as a source of support for the role they play in organizational success, a path to giving and receiving feedback, collaboration, and recognition – and not for virtual union organizing.

Avoid Complacency

Unions are constantly seeking alternative ways to reach your employees. Apps are the current focus. As the unions and individuals with union organizing experience develop new ways to organize non-union employees, it's easy for employers to get complacent. Virtual union organizing apps have limited success to date, and in the meantime, employers read that unionization rates are declining. You may think that employees don't want a union.

Four things are making this perspective a risky proposition. The pandemic has brought change, but other long-term factors are very likely to see union membership increase. One is that millennials and Gen Z will continue to grow as a percent of the workforce, and organizing online makes sense for them. Second, the federal government's full force is backing unions for at least the next four years, pushing legislation like the PRO Act with other labor bills to follow without a doubt. Third, there are social and economic inequalities, and inequities are driving employees to find a collective voice to demand change.

Fourth, and finally, the use of apps as organizing tools is far from a mature strategy. It is very likely they will be increasingly used as people get more comfortable with the concept. This is a classic perfect storm of events leading to greater risk and more certification elections in the near future.

As a community, we often discuss how employers can oppose a union organizing campaign - and what cannot be done. We have even written here about what employees can do and say when they don't support unionizing. Today, staying union-free gets more difficult by the day due to a union-friendly U.S. administration and turmoil created by events like a pandemic, remote work, technology leading to job changes and required worker skills, and a growing gig workforce. 

Now, it's a great time to be sure you understand employees themselves can do to push back against union organiizng. It's a fact that one thing that's not reported in the media (by labor-friendly politicians and labor unions themselves) is how employees who want to stay union-free can fight back against the social pressures to organize. 

Helping Employees Help Themselves

While Section 7 of the National Labor Relations Act supports workers' right to organize, it also supports their right oppose unionization - and in fact, protects their right to be open about that opposition. Employees can push back on unions. That's a fact. They can wear "NO union" pins and t-shirts, refuse to sign a union card, and report illegal union activities to management.

Educating employees can be as simple - and as challenging - as showing a video that explains their rights, like "Push Back." This resource can help you understand what your employees can do to help stay union-free. Here's a quick review of the legal steps you can take to support their efforts. 

Taking Personal Action

Here are a few things your employees can do when they want to stay union-free.

• Post positive statements about their employer on social media
• Explain false union statements, using social media or face-to-face meetings
• Meet with coworkers in their homes and one-on-one
• Hold offsite social gatherings to discuss the impacts of unionizing
• Defend the NLRA rights of their manager or supervisor to lawfully oppose unionization, express an opinion and explain facts about the union, overcoming the misconception the employer has to stay silent during a union organizing campaign
• Refuse to meet with union representatives, accept their phone calls or answer their emails
• Form a "no union" task group of fellow employees
• Talk to the media about their opposition to unionizing

In fact, your employees who oppose joining a union can take action like posting pictures of the union behaving badly on Instagram or post podcasts as a post link or video on Facebook that describes how much they enjoy their work, how your organization empowers employees, and the company's open-door policy, to name a few tech-based options. 

Employees Can Support Coworkers

During a union organizing campaign, employees supporting unions focus on negatives. They forget all the good aspects of the workplace, don't remember the way the supervisor adjusted the work schedule to accommodate family needs, and fail to remember how management was transparent about operational changes. 

All the union wants is for employees to see themselves as "victims" of management. But employees can resist and focus on reminding coworkers of the positives.

Employees can remind coworkers that being union-free means they:

• have excellent wages and benefits, provided by the company
• have the ability to personally speak with management concerning many job-related issues, like scheduling and promotions
• don't have to pay union dues that often go to support issues, projects, and political parties with which they might not agree
• have the power to personally negotiate grievance resolutions
• can't be forced to risk their paycheck and go on strike

Employees Have Legal Protections

Anti-union employees can also remind coworkers that times have changed. Even today, unions focus on changes they brought to the workplace in the early 1900s. We've advanced as a society and these changes are now part of our laws.

Amazon has built a facility in Bessemer, Alabama, and has a union vote coming up at the end of March 2021. A union organizer made an interesting comment concerning the new facility built on land once owned by U.S. Steel, a solid union operation. "I truly believe that if we win," says Joshua Brewer, an RWDSU (Retail, Wholesale and Department Store Union) organizer in Alabama who's working on the Bessemer campaign, "it will be because grandparents and uncles and parents talked to these young folks who work out here and said, this helped me, and it's a good thing." 

Times have changed since grandparents and uncles and parents joined unions. Today, employees have legal protections, all monitored by various government entities, making unions unnecessary. There are laws and regulations requiring safe working conditions, healthcare benefits, leave time, paid holidays and sick leave, and retirement security. There are anti-discrimination laws, too, and several agencies employees can access when they believe their employer is treating them unfairly. Even better for employees is the fact they don't have to pay fees out of their earnings to get representation! 

It's a major reason unions had to come up with new non-traditional issues to address.

Keeping it Factual Rather than Emotional

Your employees who want to stay union-free can talk about these facts, and you can provide the information they need. Anything that is a fact is legal. One option is to add a web page to your employee-facing union-focused website (aka a dark website taken live), with the facts your employees can use to talk to coworkers about why they want to remain union-free.

It's not easy to oppose unionizing, so respect the employees that do. It's not easy to tell emotional coworkers why they want to remain union-free. The pressure placed on people is intense. During the Amazon campaign mentioned earlier, organizers set up a tent close to the Amazon warehouse that has snacks. "We haven't had to buy doughnuts, coffee, or food for four months," the RWDSU organizer says. "Local unions are always coming by the tent, feeding our organizers. There's very much a brotherhood and a sisterhood here of union people." 

So your employees may be up against a tide of support for the union from co-workers; something that's far more difficult to oppose than some outside union organizers.

Every day for months, the RWDSU members from local businesses stood outside the Amazon facility from 3:30 AM to 8 PM to talk to Amazon employees. Social pressure is a major challenge to overcome. A group of workers from multiple businesses making your employees feel special goes right to the emotions rather than reason. 

Understanding Union Behaviors

The Jobs with Justice Education Fund published a 30-page guide titled, Making the Case for Union Membership: The Strategic Value of New Hire Orientations. It was written for union leaders and their staff. Though directed at recruiting new hires in a place already unionized, it supplies valuable information you can use to help employees who want to stay union-free understand union behaviors, so they aren't blind-sided and can pass on the information to coworkers.

• Unions don't like being described as third-party entities that are separate from employees. So they say "we" a lot to promote community. Your employees can remind coworkers the unions are not "we,"  they are a "them."

• Unions use language carefully. Sometimes, the language is focused on promoting employee hostility. Unions also use language intended to make employees feel special, like "working people" instead of "worker" and "joining together" instead of just "joining." It's emotional manipulation that your employees can recognize and resist if you help provide the education and tools.

• Unions present authorization cards as if they are just a normal form that everyone is expected to sign. Your employees can explain this tactic to coworkers and tell them, "Don't sign!" You can provide them with information on the importance of protecting their signatures online.

• Unions present joining a union as moving towards something positive and won't talk about their own shortcomings. Encourage employees to do their own research into the union's finances, membership statistics, strike record, and even the union's constitution. When you educate team members about the specific union trying to target them, they can share what they learn with co-workers.
• Unions use psychological tools like presenting employees with a list of rights and opportunities they won't have if they don't join a union. Employees who want to stay union-free can warn coworkers they should be wary of any such list, as these rights are protected by law.

• Unions hold meetings before the vote in which representatives are caring and concerned for employees. But the Freedom Foundation found public records from the Department of Social and Health Services (DSHS) that documented highly coercive SEIU 755 meetings with new hires. Your employees can explain to coworkers how unions do whatever it takes to gain new, dues-paying members and to not let emotions or fear guide their decision-making.

As the Freedom Foundation describes an analysis of the documents, 

"In the documents, DSHS staff describe SEIU 775 organizers presenting at the I.P. contracting appointments as "aggressive," "forceful," "rude," "unprofessional," "coercive," "demanding," and "bullying." These same staff report caregivers feeling, "pressured," "misled," "tricked," "coerced," "intimidated" and "forced" into signing SEIU membership forms. In at least one case, DSHS staff report a caregiver being reduced to tears by the high-pressure tactics of two SEIU organizers."

Pressure to Support Unions

The social pressure to accept a union as the solution to every employee issue is more intense today than it has been for decades. The government and unions are seizing the moment of social unrest - and corporate responsibility - to support unions, so the PRO Act has been reintroduced in the House of Representatives.

Some businesses are discovering that social pressure is also coming from former employees and non-employees, taking the challenge of staying union-free to a newer, more challenging level.

For example, employees voted down a union at No Evil Food on February 13, 2020, but unionizing was not the current workforce's idea. A former employee told Waging Nonviolence, "The union was brought up by past employees who originally were wanting higher wages, healthcare, and a voice within the company." Once the current employees decided they needed a union, the laundry list of complaints became much longer – micromanagement, failure of COVD-19 prevention measures, turnover issues, shifting schedules, and other major issues.

Helping Employees Who Oppose Union Organizing

Your employees who don't want to join a union are really fighting a groundswell of support for unions in general. You can help them in significant and legal ways. They include:

• Leveraging positive employee relations by reinforcing management transparency and your open-door policy to encourage employees to ask questions

• Giving all employees easy access to resources (i.e., special topic website, instant streaming videos, etc.) that explain why joining a union is not necessary and the facts about unions

• Using technologies like podcasts, social media, and videos to keep employees informed of union campaign events

• Encouraging employees to submit questions anonymously, online, to get clarification on issues or to verify something heard about the management or the way managers are responding to various union issues

• Keeping a good faith leadership approach which means ensuring your leaders are trained on TIPS and FOE and using positive communication strategies

• Using your Campaign Central website, plus text messaging and dedicated social media to quickly correct misinformation and false promises spread by union representatives as soon as it's discovered.

It's important to reiterate that employers cannot tell employees how to vote or provide resources directly that do more than explain the company's position on unions or suggest employees vote. Education, however, is a powerful tool. The information you provide must be allowed under the National Labor Relations Act (NLRA) and legal within National Labor Relations Board (NLRB) decisions, which means the information is from your perspective as an employer. You cannot speak for your employees. 

Union Not Needed

Anything said, written, or posted about the union must be factual too. You will face an Unfair Labor Practice charge if you don't stick to the facts. A pushback employee may tell coworkers, " don't give your money to the union - it's a corrupt organization that's only in it for themselves." What fact backs up the claims of corruption? What facts can you provide to legally fuel the union opposition from within?

In December 2020, the U.S. Department of Justice announced a settlement in a corruption investigation of the United Auto Workers (UAW). Twelve UAW officers were found guilty of embezzling union funds and defrauding union members. Wouldn't an employee who doesn't support unionizing want to know that fact if the UAW is trying to unionize the workplace? You can legally present this kind of information that your employees can then share with one another.

There will always be employees who don't want to join a union. Supporting that internal effort with additional fact-based research, as videos, and websites can help those employees will push back, even bravely go public with their opinion.

Dawn Hoag is an Amazon worker at the Bessemer facility. Ms, Hoag told the A.P. News she is not voting for unionization for several reasons. One reason is that Amazon makes it clear to job applicants the physical work requirements are demanding. In addition, Hoag said she can speak up for herself and doesn't need to pay a union to do it for her. "That's just what I believe," Hoag says. "I don't see a need for it at all."

Take Advantage of the Resources

Be authentic in your desire to maintain your direct connection. Give your employees the facts, the truth, transparency, and a voice to stay union-free. IRI has all the tools and resources you need to keep the union out. Tools include leadership training, videos with targeted information, podcasts, customized web development, employee communication resources, union campaign tools, and more. You're not alone in your desire to stay union-free, and with your support, neither are your employees who want to push back against unions. 

When considering unionization, it makes sense to look at the question from all sides. But for a company, what are the disadvantages of unions when building an intentional company culture? The entire dynamics of the company culture may change, and the harsh reality is that it is often not for the better if you don't have a clear strategy to protect and maintain a positive culture and positive employee relationships.

Company culture is frequently thought of as an intangible asset. But take a deeper dive into what makes up a company's culture and it's not a vague concept but a tangible asset. It's not a vague concept. The type of organizational culture is a tangible component of the organization that encompasses values, ethics, attitudes, working styles, stakeholder interactions, and innovation. It also includes employee engagement level, morale, and performance. The tangible aspect of culture makes it something effective leadership doesn't leave to develop on its own. Effective leaders deliberately design and develop a culture and then leverage it to improve employee engagement and organizational performance.

Let's Talk About Organizational Culture First

Attention to company culture is essential for many reasons. One is that it differentiates your company from other companies, contributing to making you an employer of choice. It can be difficult to quantify or articulate because it's anchored in mindsets, unspoken behaviors, social patterns, and the employee experience. 

In a Harvard Business Review Spotlight Series, researchers discuss organizational culture, making the point that "culture and leadership are inextricably linked," and influential leaders can "shape the culture, through conscious and unconscious actions." The authors define culture as: 

"The tacit social order of an organization: It shapes attitudes and behaviors in wide-ranging and durable ways. Cultural norms define what is encouraged, discouraged, accepted, or rejected within a group. When properly aligned with personal values, drives, and needs, culture can unleash tremendous amounts of energy toward a shared purpose and foster an organization's capacity to thrive. Culture can also evolve flexibly and autonomously in response to changing opportunities and demands. Whereas the C-suite typically determines strategy, culture can fluidly blend the intentions of top leaders with the knowledge and experiences of frontline employees." 

The fact that conscious actions can shape culture is just more proof that culture is tangible.

Organizational Culture Impacts Everyone

Organizational culture impacts everyone in the organization, from the CEO to the frontline workers. Some brands have developed such a strong culture that just saying the brand name evokes a sense of its culture. When leaders put employees first, employees put customers first. Yet, things can change fast unless leadership understands what employees are thinking and experiencing; when employees have unresolved grievances and turn to the union for assistance, the culture changes. The internet is now full of stories about employees accusing employers of low wages, poor working conditions, understaffing, and discrimination against certain groups of people, safety concerns, and more. Most stories involve unions in some way because unions thrive on negativity.

What does this have to do with organizational culture? Unions are organizing by convincing employees that joining a union is the only hope for getting fair treatment, and leadership is often not even aware the organizing is going on. Long before a union vote is taken, the company's positive culture is being eroded by disgruntled employees, many turning to social media to discuss working conditions.

It's Not One or the Other: Culture and Strategy Must Work Together

Peter Drucker said that "culture eats strategy for breakfast." You can develop a great strategy, but the culture determines if the strategy will work. Culture and strategy must work together. You can't maintain a direct connection with employees without a great culture. The positive employee relations strategy should be a good fit in the culture, and the culture should support that strategy. A positive culture makes it more likely that employees will turn to their leaders to present ideas and solve internal challenges. 

If culture is tangible and can be impacted by leaders, then culture can be affected by a union. When unions get involved, the company culture will inevitably change and seldom for the better. Following are some of the disadvantages a union can have on company culture. 

Labor Unions Often Discourage Individuality and Encourage "Groupthink"

Like any membership organization, unions want people to think and act in a certain way. This is one of the disadvantages of union involvement, since groupthink is essential to union success. Conversely, a strong company culture, where individuality encourages new thoughts, ideas, and collaborative efforts and collaborative efforts can move the organization forward. Groupthink is defined as a phenomenon that occurs when people feel the need to conform or that dissent is impossible. It also discourages individuality. It can also lead to situations in which employees ignore moral or ethical consequences to avoid disagreeing with the consensus. A third consequence of groupthink is not speaking up for individual belief.s Employees that don't want to join a union can become afraid to say so and instead just go along with the crowd. It is not a good dynamic in a business environment, where creativity and diverse perspectives are important to business success.

Unions May Discourage a Collaborative Culture and Influence Work Norms

A truly collaborative culture is one in which employees are encouraged to work with people across functions and departments and to work with management to solve problems and innovate. Unions often discourage "working out of grade" or performing duties that aren't specifically in their job description. There are often "jurisdictional restrictions" in union contracts. If an employee works out of their area, it opens up a whole set of issues that include union contract compliance.

Union contracts can event create a productivity disadvantage. One reason for this is that unions usually impose restrictive work rules when negotiating union contracts. Management is restricted from organizing work activities. Employees are prohibited from being more productive (production limitations), working across jurisdictions (cross-department, function, location, etc.), and taking on responsibilities not explicitly included in their job descriptions. A second productivity disadvantage is that union members are expected to be supportive of other union members. You may have personnel work issues in one department that have nothing to do with other departments, but union members will join forces across the organization.

Labor Unions Can Make it Difficult to Identify Leadership Potential

Unions are diligent about ensuring regular staff doesn't assume any leadership roles, even willingly. Beyond just simple seniority clauses that encourage rewarding tenure over potential or hard work, unions are striving to get as many people as possible who are supervisors (and currently can't join a union) reclassified. so that they can pay union dues With 2019's proposed PRO Act , the thinking was that a surge of union efforts would occur, working to have many employees reclassified from non-union to union-eligible status. Many current non-union employees are frontline supervisors. The net effect of these efforts is discouraging employees from showing leadership potential. 

Other Potential Disadvantages of Unionization

Labor unions discourage personal initiative – Most union contracts require promotions based on next-in-line rather than competencies. This isn't very encouraging to people who excel in their jobs and deserve to advance. Watching someone less competent (in some cases) get the higher-level position only because of seniority harms the workplace culture.

A "us vs. them" attitude can develop in unionized companies – In order to encourage solidarity, unions often promote an us-vs.-them workplace attitude in which employees (us) assume management (them) will always try to take advantage of employees. This negative attitude leads to a culture of suspicion, which increases the number of conflicts and grievances.

Adversarial relationships can develop at any time – There are places where management and the union work well together. The problem is that the union can quickly change the culture of cooperation by promoting an adversarial attitude among employees over an issue – usually a charge of unfair labor practice. The power play is always a union option, even when currently kept in check. Adversarial relationships are tense, unproductive, and will inevitably impact employer-employee engagement. 

The management-union relationship always maintains some level of wariness, for this reason, making it difficult to develop positive employee relations. 

Labor Unions Often Resist Change

Companies must have a culture that embraces agility and flexibility, and that means having the ability to make changes and adapt as necessary to marketplace dynamics quickly. As we've seen when modernization and technology brings greater efficiencies, unions will usually resist change to protect union member interests - and dues income. This difference in perspective means success is only possible through successful management-union negotiations, which is very difficult if unions resist change and end goals are different. 

Change adaptability is a significant component of modern company culture. Legacy hierarchical organizational structures that unions are used to operating in are ineffective in today's fast-moving global economy. Instead of the hierarchy, command-and-control structure, organizations are moving to a structure and a culture that empowers employees. Today, only 14 percent of the executives believe the model of hierarchal job levels based on specific area expertise makes the organization effective. 

Many forward-thinking companies have already adapted their culture and approach to work. There is a need for a team-centric structure that encourages shared values and culture, the free flow of feedback and information, and employees rewarded for their skills and abilities and not their position. These are organizational culture features that are in direct opposition to the union culture. In social enterprise, individuals are empowered. Unions say they give each employee a voice, but in reality, it's a collective voice in which individuals are only empowered through union membership. 

Labor unions create a separate culture – Paul F. Clark, author of the book Building More Effective Unions and School Director and Professor, Labor and Employment Relations at Penn State, points out that unions create their own culture among employees. He writes, "Many of us are familiar with the slogans, songs, jackets, parades, banquets, and picnics of unions because they are all part of the labor movement. To some, they are simply window dressing, unconnected to the important things that build an effective union. But these things are part of a potentially powerful phenomenon called "organizational culture." He mentions how union members call each other "brother" and "sister" to create a bond. 

To succeed, the union culture must be integrated with the company's culture of beliefs, attitudes, values, and objectives to achieve a truly positive organizational culture. Employees must be fully engaged in their workplace culture in order for management to develop strong employee engagement. It can be very difficult to integrate two cultures because one must be willing to be a subculture, something neither entity wants to do. 

Compounding the Disadvantages of Union Membership

The impact of a union on company culture should also be viewed from the employee's perspective. Union employees lose their right to speak for themselves, pursue their career goals as they see fit, work with whomever they want to work with, collaboratively solve problems with management, and agree to changes they approve of without union intervention. For these privileges, employees must pay union dues, receiving less net pay while knowing the dues are spent in whatever manner the union leaders see fit. 

Culture and strategy must work together. In a survey of senior executives at 1,348 North American firms, 92 percent believed that improving culture would increase its value. Still, only 16 percent believed their culture is where it should be. Executives linked culture to ethical choices, including turnover, innovation, which includes creativity, and value creation, which includes productivity. 

Sharing Deep Knowledge of Labor Union Behaviors

Successfully negotiating a union contract has little to do with the union's influence on the organization's culture yet to come. Think of it like this: No union is responsible for your company's culture - there is nothing in the bargaining agreement that says: "Union representatives will work to maintain a positive culture."

Work to build a strong collaborative culture, in which belonging plays a strong role. Culture may eat strategy for breakfast, but culture plus a solid positive employee relations strategy is a full day's meal!

2020 had it all - pandemic, social unrest, and a presidential election. Now, what can employers expect to deal with next year? What are some of the current trends in labor relations we can expect to encounter in 2021? What does the employment landscape look like? Where should employers focus their energy and their resources? What can employers expect from unions? Will the remote workforce remain viable after the pandemic? How will social unrest lead to new labor laws? What impact will the next President have on employers, the workforce, and unions? When the pandemic ends, what changes made to accommodate the crisis will remain in place?

There are so many questions, and these questions are difficult to answer at that. UnionProof and A Better Leader have addressed the 2020 topics throughout the year, and now it's time to look ahead to 2021 while inspecting current trends in labor relations.

The year 2020 has been one of upheaval, and quite frankly, the upheaval will not end any time soon. That's not meant to be discouraging, but it's meant to be encouraging. There is time to anticipate and prepare for the many dynamics that could or will impact employers. Of special importance is identifying the major trends for 2021 that will most likely impact decision-making concerning the workforce, strategy development for strengthening employer-employee relations and employee engagement, and managing the expected upswing in union activity.

Trying to function in an environment of continual uncertain change is challenging, but the good news is that many of the 2021 trends started forming in 2020. Employers are getting plenty of notice of what to expect in many areas, from union activity to workforce needs. It certainly makes it easier to plan ahead and prepare contingency responses. 

This is a time when you can look ahead to 2021 and strive to turn challenges into opportunities, and those are not just buzzwords either. Following are some of the major trends we anticipate for 2021 and suggestions to prepare you in advance.

Trend: Changing Makeup of the National Labor Relations Board

What's happening?

The National Labor Relations Board directly impacts employers through its case decisions and administrative rulemaking that set labor law policies. The way the NLRB is set up, members have staggered 5-year appointments with one member expiring each year. The Republicans will maintain a majority until at least August 2021, when one member appointment ends, so employers can expect continued pro-management decisions until then. 

However, the January 2021 Senate races in Georgia can quickly change the picture should the Republicans lose control of the Senate. The Senate confirms NLRB members, and there is currently one NLRB vacancy and one sitting Democrat. If Democrats fill the vacancy and appoint a replacement for the ending appointment, they will have a majority position. 

There are three possible scenarios, as explained by Bloomberg Law:

• Republicans maintain Senate control and keep a Republican majority on the NLRB until late 2022, when enough Republican appointments end and Democrats can become the majority
• Republicans work with the Biden administration to fill NLRB seats. Democrats become the majority in Fall 2021 by appointing two Democrats to make three when added to the one Democrat on the board (not likely to happen!)
• Democrats take Senate control, overhaul the NLRA and make laws that enable them to control the NLRB for years to come

"It's the Black Tuesday trifecta from the management-employment perspective," said Roger King, senior labor and employment counsel at the HR Policy Association, which represents human resource chiefs at some of the country's largest employers. The current NLRB has reversed many Obama-era precedents and has some important union-related items on the agenda that it can still decide. They include giving employers less time to hold opposition campaigns and making it easier for micro-units of workers to unionize, to name a few.

What does it mean for employers?

What does this mean for employers? It means employers must stay on top of the issues the NLRB is considering, the board member makeup, and the potential impact of a return to Obama-ear precedents. Your labor law professional and the Projections, Inc. professionals will be closely watching the NLRB to keep employers informed and ensure our union-free strategies and resources remain relevant.

Trend: Return of Union Influence 

What's happening?

The events of 2020 played in favor of unions. For example, the pandemic brought employee health and safety to the forefront, and unions used it as an opportunity to pressure employees to unionize and encourage union employees to picket. Unions used the pandemic to their advantage to demand more benefits, more safety equipment, and more say in how employers respond to a crisis like the pandemic. Since the pandemic will continue well into 2021, their demands will continue. 

The growing use of social media and websites to organize employees has been a key strategy for unions. One of the things that make this approach more effective than a union working with a single business in a particular location is that unions can reach employees across the country, industries, and even globally. This intensifies the pressure placed on employers. They are getting more sophisticated in their use of technology for marketing and organizing union and non-union employees, like organizing virtual walkouts, and that trend will continue in 2021. 

Unions are likely to become more powerful and influential once again, though the exact path remains unknown for a couple of reasons. One is that the Senate control remains unknown. If the Republicans keep the Senate, President Biden will have to rely on Executive Orders to support unions. The second reason is that many labor laws supporting unionization are being made at the state and local levels, often due to the uncertainty at the federal level. They sometimes never mention collective bargaining or unions, but they have a real impact on unionizing.

A good example is California's Supreme Court 2018 decision in Dynamex Operations West v. Superior Court that changes the test for independent contractor status for certain types of workers. The decision greatly limits who can be classified as an independent contractor. Now business groups and even some worker groups have lobbied for exemptions. By increasing the number of people who must be classified as employees, the number of employees eligible to unionize increases too. California Prop 22 passed in November 2020, which exempted Uber and Lyft drivers as employees. But many other independent contractors must be classified as employees, so they are entitled to labor protections and benefits.

Limiting the number of people who can be called independent contractors is a trend that will continue into 2021. 

Unions also have a strong defender in Joe Biden, who has unabashedly shown support for labor unions and has signaled he will return to the Obama-era pro-union policies. 

The Protecting the Right to Organize Act (PRO Act) has passed the House of Representatives and may or may not get passed by the Senate. There is no doubt it will become law if Senate control goes to the Democrats. The key point is that the PRO Act makes it easier for employees to form and join a union. It also limits the employer's ability to ward of unionizing efforts. In addition, the Biden campaign platform for job creation across industries requires hiring union workers for federal contracts, which will filter down to private employers in the supply chain. 

What does this mean for employers? 

The growing strength of unions means employers that are not unionized need to prepare now for a potential union organizing campaign. 

• If you don't have a live union-focused website explaining the company's perspective on unions, then it's important to build one now.
• Prepare now in advance for a rapid response to signs of organizing by preparing employee resources, training leaders on topics like TIPS and FOE, and identifying members of a response team.
• Strive to improve employee engagement now by identifying worker needs, evaluating Human Resources policies and procedures, building a stronger positive culture, and ensuring employees have a voice through effective feedback systems.
• Ensure that inclusion is now a basic operating principle.

If your workforce is already unionized, it is imperative to work towards higher employee engagement. That could mean improving management-employee relations, resolving difficult employee issues, identifying unmet employee needs, and/or improving communication systems both online and offline. 

Whether or not a company is unionized, it's important to prepare now for things like the passage of the PRO Act or implementation of some elements through regulations and Executive Orders. If already unionized, the PRO Act gives employers insights into what unions will demand in 2021. 

Trend: Continued Remote Workforce Utilization

What's happening?

The pandemic caused a seismic shift to remote work for much of the workforce. Though this was not really a labor relations trend as much as it was a reaction, 2021 will see a permanent hybrid workplace trend for many companies. Companies like Capital One and Square have already announced they will continue to allow employees to work at home and the office. 

Willis Towers Watson surveyed 283 large employers across industries that employ 4.4 million workers to learn employer expectations for maintaining a remote workforce. The survey found that employers expect 19 percent of their workforce to be full-time remote employees after the COVID-19 pandemic ends. The survey also found that only 2 out of 10 respondents have provided tools and resources to employees who are likely to work remotely for the long-term. Only 1 out of 10 offered employees financial assistance to manage the costs of working remotely. 

In 2021, the remote workforce is likely to be at least 20 percent larger than it was before the pandemic. There is a good chance it could be even larger as managers adjust their policies and operational procedures to accommodate a permanent remote workforce.

What does this mean for employers? 

Though employers responded as best they could given the pandemic's suddenness, they need to bring legal, Human Resources, and IT teams together to ensure proper resources are provided to employees. Otherwise, unions will have another reason to approach employees about unionizing or claim employers don't care about their workers. 

If you plan on adapting to the trend towards a permanent remote workforce, it's important to ensure:

• All employees have a voice in the workplace
• Employees can easily communicate with managers and supervisors and not feel adrift in their homes
• Adequate technology infrastructure is in place, and employees have the appropriate tools to do their work 
• Remote workers have opportunities to meet with in-house employees either in-person or via online meeting platforms
• Remote employees are included in as many culture-building activities as possible, meaning some may need to be virtual events
• Employees working remotely are properly trained
• Managers and supervisors are well-trained in managing a hybrid workforce
• Issues like subsidies or reimbursements for work-from-home expenses that remote workers incur are directly addressed
• Policies and procedures are reviewed and adapted to include remote workers

A hybrid workforce in 2021 requires new strategies to maintain the desired organizational culture, employee engagement level, and a union-free workplace. Remote employees need to be connected and engaged, and it will take some innovative approaches. 

Trend: Increasing Focus on Real Inclusion in the Workplace

What's happening?

Kantar created a benchmarking tool called The Inclusion Index. Organizations use the tool to understand, track, and measure their progress in developing a diverse and inclusive workplace. The data set includes data from 24 different industries, 18,000 respondents, and 14 countries. 

Creating an inclusive workforce and culture is crucial. The year 2020 was one of turmoil around issues like lack of social justice, racial inequality, and continued lack of true inclusion in organizations for diverse people. Many businesses have set goals for diversity and inclusion but made little progress. In many situations, they hired diverse people but never fully included them. 

Unions have adopted this issue to connect with disengaged employees and people who feel left out of opportunities.

The wealth of data that Kantar collects around diversity and inclusion offers a glimpse into 2021. The most recent benchmarking study found:

• Only 52 percent of companies are working on D&I
• 62 percent of employees feel a sense of belonging in their organization
• 27 percent of those surveyed report the presence of demeaning behavior in the workplace – bullying, verbal harassment, physical harassment, etc.
• 49 percent of employees believe they can speak out about demeaning behavior to top management and HR
• 32 percent reported suffering from stress and anxiety
• 55 percent don't feel their employer emotionally supports them

The feeling is that the time for talk is over. In 2021, employers are expected to make true progress in improving inclusion. If they don't, diversity and inclusion will become union issues.

What does this mean for employers? 

Bias is rampant in organizations, and it's proving difficult to eradicate. It can be done, and it must be done because it impacts organizational recruitment, hiring, retention, development, and promotion of diverse people and the culture people work in. The tech industry has become the "poster child" for talking the talk but not walking the walk, but it's certainly not alone. 

In 2021, social pressure will be intense for accountability across industries. People want action – not promises. To remain an employer of choice will depend on increasing accountability and transparency for diversity, developing a culture in which people are encouraged to speak up about bias and discrimination without fear of retribution, developing and monitoring HR technology systems to make sure bias does not creep in due to using historical data and involving managers and leaders in policy development. Change is needed to make a change.

Frank Dobbin, professor of sociology at Harvard University, and Alexandra Kaley, Associate Professor of Sociology at Tel Aviv University, have focused on helping organizations understand why they have been unsuccessful in reducing bias. What they found, as discussed in Why Diversity Programs Fail, is that organizations are using the same programs they used since the 1960s, and the tools like hiring tests and grievance systems make things worse. When it comes to grievance systems, which directly impact unions' ability to get a foothold, the sociologists suggest adopting some innovations, like using non-legalistic grievance processes. These include Employee Assistance Programs, alternative dispute resolution systems, and ombudsperson offices to drive change, provide employee support, and encourage people to speak up.

To stay union-free or move towards decertification, you should make sure the whole workforce is engaged and enjoys a great employee experience. 

Trend: Benefits are Adapting to Changing Labor Force Demographics

What's happening?

The workforce changes and labor force demographics are putting more pressure on employers to develop adaptive benefits packages. The changes include multi-generational makeup with groups of people at different stages of life, a global labor force; a more diverse workforce; employee expectations their employer will help them meet personal needs, like time for caregiving a family member, etc.

Benefits have been expanded to include more than health insurance, retirement plans, and paid sick and vacation leave time. It now embraces mental health programs, virtual care and telehealth, career pathing opportunities, flexible work arrangements, recognition and reward systems, and childcare assistance. 

There is also a trend to include part-time and seasonal employees in health insurance plans and reduce copays and deductibles. 

One of the most difficult trends to manage is the rising cost of healthcare premiums. The Kaiser Family Foundation reported the 2019 average annual premium for employers' health insurance for a family of four was 54 percent higher than a decade earlier. Health insurance costs are expected to continue rising through 2020 and beyond, even as businesses struggle to deal with lower revenues from pandemic shutdowns.

Most union contract negotiations include a push by the union to reduce employee shared costs, which means employers will pay more. 

What does this mean for employers?

The trend towards creating benefits programs that address a wide range of employee needs is an expensive proposition for employers. However, remaining competitive in the labor market means benefits programs need to adapt to some degree. Unions often focus on things like the employee's cost-sharing of health premiums, sick leave, and vacation leave. In 2021, you can expect their focus to expand as they push harder for benefits concerning safety, mental health, family accommodations, and well-being programs.

There is another current labor relations trend to consider. Many businesses are uncertain as to whether the employees laid off during the pandemic will be able to return to work due to organizational financial stress. Unions will be heavily involved in helping these employees get some benefits, like extended health benefits. For example, the Culinary Union reached an agreement with MGM Resorts and Caesars Entertainment to extend family health benefits to 36,000 workers until 2021. Given the pandemic will still be an issue through summer 2021, unions will be looking for ways to help their members that will cost employers.

Short-term fixes to increase copays and deductibles may reduce healthcare costs, but employees are less likely to seek preventive treatment. Health outcomes for employees will worsen, which has many consequences, from safety concerns to increasing health costs. Strategizing for the long-term is a better approach. Vivian Lee, MD, is President of Health Platforms at Verily and senior lecturer at Harvard Medical School. Her recommendations for longer-term solutions include:

• Understand the health care benefits business - benchmark costs, identify deviations and gain a deep understanding of what is happening, i.e., is insurance paying for expensive procedures for treatment when lower-cost approaches are more likely to work
• Leverage technology – use providers that include telehealth and offer virtual care solutions for employees with chronic conditions
• Partner with physicians and hospitals providing employee healthcare – employers and health care systems can learn from each other in terms of providing more cost-efficient and efficient services 

In 2021, unions will continue pursuing a reduction in employee costs. Employers will need to pursue a reduction in healthcare costs at the same time. It's quite likely that employers could reach a point where they negotiate requirements like employees accessing telehealth first in non-life-threatening situations to reduce copays through the utilization of in-network providers. That is something for the lawyers to evaluate. 

Trend: Human Resources Team Upskilling

What's Happening?

The Human Resources function has been transforming, but much of the transformation to date for many companies has been automating routine tasks and developing employee self-service portals. This is despite the fact that many organizational leaders express a desire to make HR a more strategic function rather than an administrative one. 

As a strategic function, HR becomes a talent management system, aligning the function with the organization's mission, values, goals, and business strategies. To do so, the HR leader must develop new skills, including business expertise, change management, culture management, data analysis, relationship building, and inclusion.

What does this mean for employers?

UnionProof and A Better Leader frequently post about training leaders to be effective at employee engagement, but HR teams need training too. The upskilling of HR to develop strategic skills is directly related to the ability of the organization to stay union-free for many reasons. 

For example, the strategic HR leader works with managers to:

• Help them develop inclusive best practices
• Improve recruitment of talent who will support a positive culture
• Ensure employees have a voice and that voice is heard
• Deliver employee training and development opportunities
• Develop employee career paths
• Legally and appropriately respond to signs of unionization
• Develop listening and feedback skills
• Project future talent needs 
• Utilize talent analytics
• Ensure employee issues and formal grievances are managed well
• Keeping employees safe

Another major role of the strategic HR leader is to ensure that policies and procedures adapt to rapidly changing laws and business conditions. Outdated employee policies leave your business vulnerable to employee grievances and, thus, unions.

HR must also collaborate with functions like IT to solve complex problems. One example is the use of virtual onboarding of new employees, which requires more structure. Employee onboarding is a key element of staying union-free when done correctly. 

Once a daylong session, the trend is developing a series of interactive video and phone sessions that provides an overview of the company mission and products/services, reviews benefits options, connects new employees with managers, and clearly lays out the corporate perspective on unions. Employees can ask questions, complete pulse surveys, and meet other employees. HR will only be successful by partnering with IT to ensure all employees – local and remote – have access to the tools and software that make this happen.

Connecting the Dots

Notice the current labor relations trends are interrelated. The makeup of the NLRB and social media will directly impact the ease of organizing in 2021. The 2021 trends in benefits, workforce demographics, and social justice may drive union membership increases and a continued uptick in protests and picketing. A pro-union President will directly impact it all – employee willingness to join a union, the union's ability to approach employees with limited employer response, the way union contracts are negotiated, and so on. 

It's a complex business environment, which is why Projections, Inc. offers the tools and resources needed to stay abreast of and respond to union activity and organizing, understand the changes in the laws impacting employers and unions, and train leaders in employee engagement and all things union. 

The name of H.R. 2474 (The Pro Act) is enough to make employers sit up and pay attention: Protecting the Right to Organize Act. The title goes on to say its purpose is, “To amend the National Labor Relations Act, the Labor Management Relations Act, 1947, and the Labor-Management Reporting and Disclosure Act of 1959, and for other purposes”. This sweeping legislation passed the House of Representatives in 2019 but was not taken up by the Senate.

No worries – right? Not so fast. Even if this bill never becomes law, it reflects labor trends that aren’t going to end, no matter who is President of the United States and no matter which party controls Congress. Therefore, the Pro Act should be used as a guide for understanding what unions want, to ensure your company is well prepared for the future and what it will take to stay union-free.

The Pro Act Is Like a Union Wish List

There is a long history of successful and unsuccessful labor-focused legislation leading up to the PRO Act. The PRO Act is comprehensive, offering sweeping changes that support unionization and limit employer rights. As employee and labor relations consultant, Peter List, LaborUnionReport.com, says, “It is the amalgamation of a multitude of [labor] bills introduced separately over the last 15 years.” It packs everything that didn’t make it through the legislative process in prior years and adds new items to recognize changing times, like giving gig workers employee status.

In essence, the PRO Act is a 34-page union wish list. For example, it takes away the right of employers to hold mandatory attendance meetings. It forces employers to bargain with the union before the election if a majority of workers support the union. It requires employers to disclose the names and payments made to third parties assisting with the employer’s campaign against the union. This is just the beginning of a series of requirements in the Pro Act.

Employers and employees who don’t support unions are in harm’s way. Employees who don’t support the union lose their freedom not to join a union. All employees relinquish their right to privacy because it forces employers to share personal information with the union. Even temporary and contract workers are impacted because the law forces employers to recognize them as employees.

The economy is also negatively impacted in several ways, according to Heritage.org. Freelance workers, who account for 1 out of every 3 workers, will have fewer opportunities, neutral third parties (other businesses) can be subjected to strikes and boycotts, which will potentially damage reputations and incur financial costs. The American Action Forum estimates that franchises' lost annual output would be $17.2-$33.3 billion due to changes in what defines a joint employer.

Taking Action Point-by-Point

There are many individual provisions in the PRO Act. The following summarizes some of the significant points and offers actionable advice for employers to prepare now so they don’t fear potential union organizing.

1. The PRO Act would revive several NLRB decisions made during the Obama administration: the joint employer rule (Browning-Ferris Industries), the Purple Communications email rule, and the Specialty Healthcare rule.

What this means for companies: The joint employer rule of Browning-Ferris Industries says that an employer doesn’t have to have direct and immediate control over the conditions and terms of employment of another entity’s employees to be considered a joint employer. This rule enabled employees of two different businesses to form a bargaining unit.

Implementing the Purple Communications rule gives employees the right to use the employer’s email for union organizing.

Implementing the Specialty Healthcare rule enables micro-units for organizing purposes.

Employer Action: Educate employees on their rights under the NLRA. They have the right to join, form, or assist with organizing for collective bargaining, and they ALSO have the right NOT to join a union. They can exercise that right when contacted by anyone via any communication channel, including email, whether from a joint employer, member of a micro bargaining unit, union representative, coworker, or anyone else.

2. The PRO Act would implement (AB) 5 with enormous implications for companies that employ gig workers.

AB5 is a California bill requiring a three-factor test to determine if an independent contractor is “employed” by a company. The factors are written such that it’s difficult not to be classified as an employee. To remain an independent contractor, the person must be free from the employer's control and direction, perform work outside the usual course of business, and be engaged in an independently established occupation or business. The stated goal is ensuring that workers aren’t called independent contractors when they are employees, thus denying them employee rights. The reality is that the goal is to move people, like those working for rideshare companies, to employee status.

What this means for companies: Companies such as Uber will have to qualify workers as employees, creating a substantial financial burden. Once qualified as an employee, the person becomes eligible for guaranteed minimum wage, overtime pay, breaks, and various benefits. As employees, they can also join a union. It will impact every employer that hires independent contractors for project work, including in the tech industry. It’s likely to reduce independent contracting opportunities, too, causing a negative economic impact.

Action: The utilization of contracted workers in the workplace has ignited employee protests against employers. In the tech industry, these workers are often excluded from getting benefits unless employed by a staffing agency. The trend is for employers to require staffing agencies to provide some primary benefits, like health insurance. But many employers don’t go through staffing agencies. If you use independent contractors, it’s essential to know the details of their working arrangements if hired through staffing agencies and make sure hired gig workers don’t qualify for employee status to avoid getting blindsided with protests and legal claims.

3. The PRO Act would allow secondary boycotts.

A secondary boycott is when union employees in a labor dispute at their workplace attempt to stop the employer’s business connections from doing business. The goal is to force their employer to resolve a labor dispute by hurting other companies with whom it does business. For example, a bargaining unit goes on strike at a manufacturing facility and then encourages union members at a materials supplier vendor to stop deliveries to the plant.

What this means for companies: The potential financial damage to the boycotted companies is enormous. In a case decided for an employer (Sysco Minnesota, Inc. v. Teamsters Local 120), Local 120 union employees picketed a Sysco food distribution facility in support of striking Teamsters Local 41 at Sysco Kansas City. The company picketed was a wholly separately owned and operated company and not involved in any labor dispute. The sister food distribution company employees refused to cross the picket line, so the company could not make food deliveries to stores. The company lost $1.2 million in profits and lost customers. The judgment was against the Teamsters at that time because secondary boycotts are currently illegal under the NLRA. The PRO Act would change that. Innocent businesses will be harmed and have no recourse to regain financial losses.

Action: Employee engagement, beginning with the employee onboarding process, is key to avoiding employee protests, picketing, and strikes. Developing a positive organizational culture of transparency and good relationships between employees and managers will be even more critical should secondary boycotts become legal.

4.The PRO Act would speed up elections with "ambush" / expedited election rules.

The PRO Act would reinstate the NRLB's 2015 "ambush" election rules that were overturned. The rules reduce the time between filing a petition for a union election and the actual election. The PRO Act would make the ambush election (aka quickie election) rules permanent.

What this means for companies: The impact of this provision is that you would have less time to educate employees on the facts about unions and their rights under the law before voting in a representation election.

Action: Regular communication with employees on topics like the organization’s belief that unions are not necessary and are harmful to employee rights should be ongoing. You don’t want to wait until the union starts an organizing campaign and have to frantically put up a union-free website, print and send information materials, train supervisors on T.I.P.S. and F.O.E. rules and do all the other things meant to keep the union from succeeding. The expedited election rules don’t leave enough time to conduct an efficient, effective employer campaign. It’s also important to regularly share the advantages of working for your company, especially in areas unions target – flexible schedules, excellent benefits, focus on safety, open-door management policy, and more.

5. The PRO Act would force public disclosure of the use of “persuader" advice, even when engaging an attorney.

The “persuader rule” was issued by the Department of Labor’s Office of Labor-Management Standards in 2016 and was rescinded in 2018. The persuader regulation required employers and their labor consultants, including attorneys, to file extensive periodic disclosures with the DOL when they advised employers on persuading employees to stay union-free. Section 203 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) has always been interpreted as exempting attorneys when they advise employers but don’t have direct contact with employees. The PRO would codify the persuader rule, changing the concept of attorney-client privilege forever.

What this means for companies: Asking for help from labor relations experts (including labor and employment attorneys) during organizing campaigns will be made public. The reporting requirements include disclosing confidential information, like a description of the legal activities performed. Unions will quickly exploit this information against the employer.

Action: Getting proactive in the drive to stay union-free is crucial. Now is the time to train leaders on the soft skills that keep organizations union-free.   

6. The PRO Act would ban Right-to-Work laws.

The PRO Act would ban all right-to-work laws, going against the preferences of numerous states. There are currently 27 states and Guam with right-to-work laws. These laws say an employee can’t be required to join a labor union to get hired or keep a job.

What this means for companies: Union membership will be made mandatory if a union is certified as the bargaining representative.

Action: Educate employees on compulsory union membership and the requirement that they pay union dues, regardless of where they live. Employees lose their right not to join a union and will be forced to pay dues if the company or workgroup is unionized.

7.The PRO Act would potentially add Unfair Labor Practice (ULP) charges.

The PRO Act authorizes employees to use a private right of action when they believe their worker rights were violated. This action means employees can take an employer to court when they think their employer has unlawfully interfered with their NLRA rights or when the employer has retaliated against them for exercising their rights. Currently, the law only allows employees to file an Unfair Labor Practice charge with the NLRB General Counsel.

What this means for companies: Employers can expect to see many more Unfair Labor Practices filed against them, especially if employees believe they will gain financially. Employers can also expect a significant increase in penalties, should they lose the case, and higher legal fees. The potential damage to the employer’s reputation and employer-employee relationships is substantial.

Action: Avoiding charges of Unfair Labor Practices are already tricky because of the complexity of labor laws. Successful employers have a positive organizational culture, high employee engagement, consistent and legal Human Resources policies and procedures, and an effective and fair grievance process. Just as important is training managers and supervisors on employer and employee rights and effective leader communication, including active listening and feedback.

8. The PRO Act would bring back the NLRB’s “poster rule.”

In 2011, the NLRB had issued a rule that employers are required to post a “Notification of Employee Rights under the National Labor Relations Act.” Failure to do so was an Unfair Labor Practice.  Several groups brought separate actions to invalidate the rule. After weaving its way through the lower court, in 2013, the D.C. Circuit Court of Appeals held the NLRB’s 2011 poster rule was invalid. The PRO Act would make the poster rule law.

What this means for companies: The main impact is yet another erosion of employer rights. Currently, notifications are only required when there is a filing of a charge or petition. The PRO Act would automatically make it a ULP when failing to post. When the Court of Appeals invalidated the rule, it had concluded that a ULP determination involving the posting rule should be made on a case-by-case basis. The PRO Act automatically places the employer in the wrong.

Action: The notification of employee rights doesn’t have to stand alone. Employees and employers have rights. All employees should be educated now on why they should stay union-free and their right to oppose unionizing. You should also make use of company electronic communication channels, like email and social media providing employees with consistent avenues of information and education.

9. The PRO Act would provide civil penalties for labor law violations.

The PRO Act will likely increase the number of Unfair Labor Practices charges because it gives the NLRB the authority to award liquidated damages in amounts equal to up to two times the amount of damages awarded. These damages are in addition to what has been customarily awarded – front pay, back pay, and consequential damages.

What this means for companies: The potential for employers to incur large amounts of damages is enormous. Fear of these harmful damages will likely influence decision-making, decrease flexibility, and influence decisions in directions they might not go otherwise.

Action: Avoiding Unfair Labor Practices is not always easy. UnionProof has extensively written that employers can unintentionally make a mistake and end up defending themselves against a ULP. That’s why it’s so crucial for leaders to be well-trained in both leadership skills and best practices for staying union-free.

10. The PRO Act would require companies to mediate until a first contract is reached.

The PRO Act requires binding arbitration for employers and unions for two years while negotiating the first contract. Mandatory binding arbitration requires the two parties to resolve contract disputes before an arbitrator rather than a court. It also says that contracts will be based on the employer’s size and financial status, wages and benefits of other employers in the same business, employees’ ability to sustain themselves, and employees’ cost of living.

What this means for companies: Union contract negotiations have long adhered to the principle of good faith bargaining. The employer and the union representatives strive to maintain good intent during talks. Only then is an outside party needed when someone fails to act in good faith or an impasse is reached. Mandated binding arbitration sets the wrong tone initially by assuming a third party is necessary for fairness. The employer will also be required to engage in lengthy negotiations even when it is clear the negotiations are not succeeding, incurring high costs and keeping the workforce in limbo. Another impact is the fact the ability to negotiate certain aspects of the contract is taken away.

Action: The best move is to stay union-free!

11. The PRO Act would ban employers from permanently replacing strikers.

The PRO Act prohibits employers from permanently replacing strikers who are out on an economic strike. Since 1935, when a strike ends, employees on a “preferential recall list” could be called back to work as positions became available. The PRO Act ends that legal practice, meaning striking workers can regain their jobs, even if filled. 

What this means for companies: An inability to replace strikers permanently would harm the ability to hire the most qualified employees needed to maintain operations. It is also disruptive to productivity. This inability could have significant financial impacts.

Action: Maintain high employee engagement to avoid events getting so out of control that employees are willing to strike. Actively disengaged employees are sources of discontent in the workplace. Educate your employees on the actual cost of striking – for the employee, the employee’s family, and the company – and the real cost of unionizing.

12. The PRO Act would institute a "stealth" card check.

Card check is when a union gets 50 percent plus one employee to sign union authorization cards. The union can then ask for recognition as the employee’s bargaining representative without holding a union vote. Card check was not written into the PRO Act. What was written into the bill is a “stealth” card check. If the union gets the 50 percent plus one union card signed, and you have no knowledge of it but commit a ULP, the union can use the ULP from any time over the prior year to get a bargaining order from the NLRB after the fact. The bargaining order is used as a card check.

What this means for companies Unions can sneak in by secretly getting enough cards signed and then getting the bargaining order. Given the right circumstances, unions can challenge election results or organize a workplace by proving that employees had previously signed union authorization cards.

Action: Whether you are talking about standard card checks or stealth card checks, the union needs employee signatures. You need to ensure that employees understand the value of their signature on the cards and that signing the card doesn’t lock them into voting for the union. Currently, employees can revoke a union authorization card.

The More You  Read, The More There Is

These are just some of the major provisions. There are more. The PRO Act removes critical language defining “supervisors,” making it easier to reclassify them as employees who are eligible for union membership. The Pro Act eliminates the employer’s right to participate in any representation proceeding before the election. Captive audience meetings held by employers are banned as coercive and designated as a ULP. There are additional penalties for unlawful discharges and for not obeying an order of the NLRB. It even imposes financial penalties on corporate directors or officers personally.

Don’t Wait for Pro-Union Laws to Act

Even if this particular legislation never gets signed into law, pro-union legislators are bound to break up the list into smaller bills over the coming months and years to tackle one or two issues at a time. Unions lobby legislators, but there are other reasons to believe the union organizers have the wind at their back.

For example, the pandemic led to non-union employees organizing protests to demand personal protective equipment, schedule changes, hazard pay, and improved workplace safety procedures. Many employees believed they could only get these changes through collective action, so they walked off the job, formed public protests in front of employer facilities, and utilized social media to advance their cause. Now the number of organized protests is growing. Many of these employees want permanent changes to labor law, so they don’t have to protest.

Have no doubt that the PRO Act is about helping unions grow their membership by making it easier to organize, and tipping every organization’s balance towards unions. Its passage into law would significantly change labor law and employee-employer relations.

Imagine this: The CEO holds a quarterly two-day management training seminar and presents his message as a stand-up comic on an improv theater stage. Does it sound far-fetched? It probably does because it breaks the boundaries of what you likely consider professional business behavior. But in order to improve employee relations, this is exactly what Twitter CEO Dick Costolo does, relying on his experiences as an improv comedian at Chicago's Second City.

Stanley Martin Homes CEO Steve Alloy personally conducts new employee orientation for each and every hire, improving employee relations from the very beginning.

Improving Employee Relations

CEOs like Apple's Tim Cook are eating lunch with employees, leaving the confines of their offices to engage employees. At FullContact, CEO Bart Lorang gives employees 15 days of paid annual vacation plus $7,500 to use as they like. The only requirement is that employees are not allowed to work -- no emails, no phone calls, no texting fellow employees.

These surprising ways to improve employee relations practices are being put in place to enhance engagement and spark innovative thinking. Increasing employee engagement is a strategy to union proof a business. Why file an unfair labor practice with the National Labor Relations Board when the employee feels free to share concerns with senior management over a sandwich?

Which of these practices could your company adopt to begin to improve your employee relations and build your UnionProof culture?

1. Give Employees Access to Decision Makers

Follow Tim Cook's lead or the lead of L'Oreal Group's chairman and CEO, Jean-Paul Agon, by eating breakfast or lunch with employees in the cafeteria or break room. This small act goes a long way in convincing people that management truly cares about employees, does not view itself as superior, and encourages open communication.

2. Give Employees Multiple Channels for Training and Development

The days of calling a group of employees together who then struggle to stay awake while an HR professional drones on about company policies are gone. Exciting new training and development opportunities are presented as video, specialized company websites and e-learning.

Social media is a powerful tool for employee engagement, enabling employees across the organization to share knowledge, get quick feedback and get noticed by managers.

3. Gamify!

Whether used as part of daily employee life or as part of training within interactive eLearning, gamification uses rules of play and point scoring, to encourage continued and motivated "play" that helps improve employee relations. According to neuroscientists, gamification conditions the brain to seek every-increasing accomplishments, a bit like a Las Vegas gambler, through consistent and positive feedback.

PwC's Multipoly is a business simulation game to improve recruitment and retention of employees. Employers are applying gamification to deliver personalized training and to encourage employees to achieve higher performance. When employees are engaged in the learning process, they feel a satisfaction that can't be achieved with standard training.

4. Offer Benefits and Rewards With Meaning

Sure, you can give employees a 3 percent pay raise for good performance, but the extra money is not likely to engage or motivate. Why? It is an extrinsic reward that gives short-term satisfaction and then becomes a norm. Also, the employee likely believes it is well-deserved, long overdue and not enough money. How engaging is that?

More likely to improve employee relations are personalized benefits and rewards. For example, companies using the Achievers employee recognition system can earn locally-sourced rewards, like tickets to a Broadway play or a Visa card. To earn points, which can then be converted to rewards, employees need to get non-monetary recognition from other employees via the Achievers software program for doing great work or contributing quality ideas.

Equally important is communicating benefits in an interesting manner to ensure employees fully understand what is available.

5. Ask Employees What They Really Think

Anonymous annual employee surveys are important. The real issue in improving employee relations is: do your employees believe they can safely provide honest feedback to management without repercussions. (Otherwise, why would you feel the need to keep the survey anonymous?)

If you believe the only way to get honest employee feedback is through anonymity, you may have a much larger issue concerning employee engagement that needs to be addressed in order to improve employee relations.

Remember, too, that setting a precedent for annual employee surveys gives you the ability to continue to offer those surveys, even if union organizing activity does begin. At that point, employees are accustomed to providing open and honest feedback, and surveying employees during union organizing efforts doesn't feel forced or insincere.

Surveys can provide invaluable information, insights and creative ideas, but only if employees feel free to share their real feelings and thoughts, and management is able to follow up with productive conversations (maybe over a sandwich in the employee cafeteria).

6. Offer a Path for Resolving HR Issues

Assume one of your employees strongly disagrees with the way their supervisor approves requests for time off, claiming discrimination. Does he or she feel free to discuss the issue with that supervisor, knowing there is a clear path for pursuing dispute resolution all the way to the CEO's office? Or would that frustrated employee call a union representative to get another opinion on resolving the issues?

It is important to have policies and procedures for problem resolution. Some companies use alternative dispute resolution (ADR), a process for resolving disputes to allow an employee take the issue to the very top for resolution.

7. Train All Managers and Supervisors at the Corporate Level in Positive Employee Relations

Creating a culture of positive employee relations requires all levels of management to be on board. Investing in training on labor relations and leadership at the corporate level is one step. An equally important step is training supervisors in labor relations.

Think of Aristotle's saying, "The whole is greater than the sum of its parts." A cohesive, engaged workforce is more productive, but cohesiveness is only achieved when all managers and supervisors employ good communication skills and best engagement practices.

8. Give Employees Opportunities for Work-Life Balance

Offering work-life balance might just mean letting employees work remotely one day a week. For other companies, it might mean allowing a multi-generational workforce to select benefits that have the most meaning. For example, employees over 40 or parents of young children may value a flexible work schedule over an employer-paid disability policy.

There are other ways you can inspire employees to give their all. For example, encourage strategies for how to improve productivity both professionally and personally. This can also help lead to a better work-life balance, better employee engagement and a more positive workplace. What kind of balance best meets the needs of your unique workforce?

RELATED: How To Stay Union-Free By Supporting Work-Life Balance

9. Try Something Daring

Daring is a word that has different meanings in different companies. Think outside the box. Adobe developed an "innovation in the box" kit, which is now offered as a product called Kickbox. The innovation box includes a prepaid credit card with $1,000 for idea validation, six levels of play, scorecards and frameworks, and a gift card! What can you do to inspire innovation and engagement?

What would be daring in your company? You might be surprised by the answer. Think in terms of positive employee relations as a way to union proof the company and "daring" may not seem so daring after all!

 Unions are very good at keeping the start of a union drive quiet, but today it's easier than ever before. Though it still happens, employers today are much less likely to come across union meeting notices or physical authorization cards. Unions have the ability to text, email, and connect with employees online to gain support for an organizing drive.  However, there are still early warning signs that can be spotted, as long as you know what to look for. The following are ten signs of union organizing that are easy to miss but important to recognize and address in order to create your union-proof culture.

1. Obvious Signs

Don't treat the obvious as inconsequential. For instance, an employee may show up wearing a union t-shirt, or as we mentioned, you may find a union flyer or authorization card in the employee break room. However, union organizers often tell employees to avoid anything that may attract management's attention, so you're unlikely to see such overt signs, especially early in a campaign. This is why it's important to learn to recognize more subtle indications.

2. Turnover Rate Change

A change in employee turnover rates can be a subtle indication of organizing. It may sound strange on the surface, but unions have an impact on employee perspectives. If the turnover rate goes up when there have been no changes in company policies, wages, or benefits, a union might be making promises concerning better working conditions. The reality is that a union campaign succeeds by encouraging employee dissatisfaction and making your team members believe they are not being treated well.

Union membership has social and economic costs. Union members must pay dues, risk loss of income due to strikes, experience a change in job security due to the institution of strict seniority rules, develop a more adversarial relationship with the employer and operate within a rigid bureaucratic work environment. Some employees will leave rather than deal with a union, so the turnover rate may rise.

3. Change in the Language of Exit Interviews

Once again, unions depend on creating an environment of dissatisfaction. When the HR department notices a change in the tone of exit interviews and employees challenge them or become more hostile, it may be a sign a union is at work. Employees may also begin making negative statements, such as, “I’m leaving to escape an unpleasant environment." The unpleasantness felt could be due to the employee feeling pressure from coworkers to unionize.

4. Employee Language

Managers may notice a change in the language of employees because it becomes more formal and legal in nature. Employees may start using union words like "grievance," "arbitration," "job security," “employee rights,” “prevailing wage” and “unfair labor practices.” They may also start asking their immediate supervisor or manager questions around these topics, so be sure you have a system in place for your front-line managers to report a change in employee behavior that could be an indication of organizing activity.

5. Employee Communication Behavior Changes

Unions succeed by driving a wedge between employees and management. Managers may notice employees who were previously friendly with them suddenly becoming less communicative or more difficult. The normally cooperative employee becomes uncooperative. Leaders who are effective at union avoidance know how to keep channels of communication open and are more likely to uncover the real issues.

6. New Employee Alliances

Managers may see new employee friendships or alliances develop when the union wants to unionize a workplace. The typical strategy involves getting some employees to serve as the volunteer organizing committee whose job it is to get other employees interested. People who normally didn't talk or spend any time together may now seem to have a lot to talk about. They are likely to hang out in areas they never would have been seen in before, so they can talk in private.

7. Social Media Language

When employees post or tweet on social media, and reference NLRA Section 7, it is likely they have been talking to a union. Section 7 has a specific language, such as “protected, concerted activity.” According to the National Labor Relations Board, concerted activity refers to an employee engaging “with or on the authority of other employees.” A single employee can initiate, coordinate and prepare for group activities that concern “employee interests as employees.”

8. Employee Phone Time

Employees who spend more time on their phones for no apparent work reason may be trying to keep up with what is going on with their coworkers concerning unionization. Unions often try to stay in contact with particular employees in order to provide encouragement and direction and to convince team members to recruit other employees.

9. Emotions Run High

Small groups of employees may gather in unusual places as emotions run high and everything seems urgent. The unions blatantly provide advice on the organization of a union while agitating employees with small group discussions on workplace issues that are presented in a negative manner. The union then builds an organizing committee of workplace leaders who are passionate about developing an issues-driven, emotionally charged agenda.

10. Employee Routines Change

There is just no way for people to get an organizing effort going without changing routines. It takes time and effort to organize, so employees may take lunches or breaks at different times than they used to or people who usually go out for lunch will suddenly begin eating lunch in the break room.

Subtle signs of unionization exist, and employers that want to stay union-proof must recognize them. Leadership training is critical because unions are experts at what they do and now have the NLRB supporting them through one case decision after another. Having a high level of employee engagement and a strong communication process in place are two important strategies for keeping a workplace union-free. Open channels of communication make it more likely your workplace is never unionized.