How to Address Union Organizing During Workplace Meetings

Finding yourself in a situation where union organizers are recruiting new, dues-paying members from among your employees, you might wonder what you can do. You certainly don’t want to run afoul of the National Labor Relations Act (NLRA) or the National Labor Relations Board (NLRB). The bad press (not to mention the damage to your company culture) that comes with being accused of unfair labor practices (ULPs) can seriously damage your organization’s reputation, and violations can result in an automatic union win.  Addressing union organizing during workplace meetings is one solution that offers opportunities to open up two-way dialogue.

Gathering employees to address union organizing during workplace meetings is something that's been called into question recently - particularly with so-called "captive audience" meetings.. So what can you do to provide employees with factual education on the risks that come with unionization without violating the law? How can you share the facts about your organization and the reasons for keeping a direct connection between management and employees? How can you connect with your employees early in the union organizing campaign

Make the Most of Employee Meetings 

First, realize that employers have a huge advantage when it comes to communicating with employees because they are permitted to allow employees to take time out of the workday to attend meetings about unionization. The meetings are also a time to strengthen employee engagement because employees and management communicate and encourage two-way feedback. The opportunity to build positive employee relations may not seem apparent since you’re talking about the negative aspects of unionizing. Still, it’s how the presentation is structured that enables keeping the meeting positive.   

While it is still legal to hold mandatory meetings regarding union organizing, in the current climate, it makes sense to make these meetings non-mandatory. Labor unions often frame mandatory meetings as unfair, claiming they do not have the same opportunity and that these meetings restrict free speech.The real truth is that labor unions don’t want employers to educate employees on both sides of the unionization question, and only want employees to hear the union’s side.  

If you want proof of how effective addressing union organizing during workplace meetings can be, consider that Jennifer Abruzzo, General Counsel (GC) for the NLRB, wants to make mandatory meetings a violation of the National Labor Relations Act (NLRA). As a blatantly pro-union GC, Abruzzo recognizes these meetings are important opportunities for employers to share their perspective on unions and how unions can impact the organization and its people financially, managerially, and in terms of employee-manager relationships.  

address union organizing during meetings

Begin the Meeting on a Positive Theme

Union organizing efforts are often based on negatives, and organizers latch onto the themes they believe put the employer in the worst light. .Organizers may talk about a lack: a voice in the workplace, unfair compensation, and look for failures of respect, appreciation or recognition for employee efforts. Their message to employees can extend further,, convincing employees that the organization is going against its core values, i.e., social justice, environmental sustainability, etc.

The main way to positively start talking about union organizing during workplace meetings is to emphasize that the meeting is an information session and employees are free to vote or not vote for the union. However, you will explain why your organization believes it’s in the workers’ best interests not to vote for a union. Though it may seem like an impossible task, begin by mentioning the good points of working for your organization.  

  • Remind employees that a core value of your organization is maintaining an honest and trusting relationship between employees and management 
  • Mention some of the steps the company has already taken (before unions entered the picture) to support employees, like new safety measures, pay increases, expansion of benefits coverage, flexible work schedules, etc. If a petition has been filed with the NLRB, you can’t make promises about future organizational changes. You can explain why some of the things being said about the company are not true or are distorted.  
  • The United Food and Commercial Workers (UFCW) posted a list on their website of things employees should expect from their employers. Reading the list will give you a good idea of the negative union playbook and what your employees are hearing, and how they are being primed to be negative about anything you say. The UFCW says mandatory meetings “will not be intended to be a free and open debate.” But you can open a meeting by asking employees what's working well and what's on their minds. The meeting can certainly flow into a free and open debate if you so choose and upon the advice of a labor consultant and labor attorneys. 

A lot has changed over the last few years. People feel empowered today. Every day there are videos on television and the internet showing people angrily “speaking up” at school board meetings, government town halls, etc., even when asked to just listen or save their comments for the right time. Your employees feel empowered today too, and unions, like the Amazon Labor Union, are calling mandatory meetings “coercive” rather than opportunities for them to hear the employer’s perspective, so employees decide about unionization based on all the facts.  

Share the Consequences of Union Organizing 

Unionization has gotten increasingly complex as the range of employee issues broadens and a variety of new versions of unions emerge. There are traditional labor unions and independent labor unions that may be strictly internal unions or supported in some way by a traditional labor union that hopes the independent union will become an affiliate at some point. Employers can use meeting time to educate staff members about the potential downside of voting in a union. You can legally share the following information without violating NLRB regulations

  • Explain to team members that while their right to organize is legally protected, they also have the legal right to refuse to sign a union card and actively oppose unionization. Remind them that even if they sign a union authorization card or apply for union membership, they can still vote against unionization in an election.  
  • Make sure employees understand that they are not required to speak with union organizers, whether they are approached at work or home. 
  • You can encourage employees to vote against unionization, and you can request (though not compel) that they ask co-workers to vote against unionization, too. Though the media gave the Amazon vote for unionizing on Staten Island a lot of attention because it was the first warehouse to unionize, the same media were not as ready to point to the fact that workers at a second Amazon warehouse on Staten Island and an Albany warehouse voted no to a union. Employees are still rejecting unions across the country. 
  • You can also clarify any incorrect or misleading information promoted by the organizers. If there are factually incorrect statements, employers have every right (and even an obligation!) to tell the truth. 

 

Financial Issues 

Bloomberg opinion columnist Tyler Cowen recently explored the union votes at Starbucks and Amazon and made an important point. Though union workers do have a wage premium, the fact that Starbucks workers in Portland, Maine, said yes to unionizing and Amazon warehouse workers voted down the union in upstate New York indicates the ambivalence of workers to unionize.  

From the financial perspective, he writes about the effect unions have on employee wages, “The brief for unions starts with the possibility of higher wages: Union workers enjoy a wage premium of 10% to 20% (although many of these estimates are dated, and globalization may have made the premium much lower, in some cases close to zero).” Then he says, “The union wage premium is good for the workers that receive it, of course, but it also leads to higher prices. Other workers, in turn, pay those higher prices. So the net return to all workers is smaller than the wage premium would suggest.”   

He says, “There is also the question of how important unions are to improving working conditions. US working conditions have improved steadily over the years, at the same time when the US has seen radically falling rates of unionization. So unions are not likely the main factor behind a lot of improvements for workers.” Unions promise things that many workers already have.    

Whether or not you want to go into these economic explanations with employees, they can provide a foundation for developing dialogue about financial issues. Following are some of those issues you’ll want to address in workplace meetings concerning union organizing.  

  • Compare the benefits staff members already enjoy to those offered by similar companies that have unionized if this reflects positively on you. 
  • Ensure that employees understand the financial responsibilities of union membership, such as initiation fees and dues
  • Explain that even though union supporters and organizers are making big promises about pay and benefits, they have no way of guaranteeing the actual outcome of union contract negotiations. It’s a common misconception among employees caught up in union promises that voting in a union automatically means more pay and benefits. There is also a misconception that once a union wins, employees will quickly experience financial benefits via a finalized collective bargaining agreementHealthcare workers wait approximately 528 days from NLRB certification to a contract bargaining agreement, and retail workers wait 390 days.  
  • Discuss the limitations the collective bargaining agreement could place on promotions due to seniority requirements. Employees who are most qualified for a promotion and higher pay may lose out to someone less qualified with more seniority. This policy can backfire by limiting the ability to achieve something your workers want – an end to bias in the workplace, equal opportunities, and more diversity in positions, including at the supervisor and manager levels. For example, a diverse worker is most qualified for a promotion, but the promotion goes to the white male because he has seniority. 
The Art of Labor Relations CTA

Loss of Autonomy 

One frequently stated employee need is a need for more autonomy. For example, an element of autonomy is the right to have more control over work schedules and have more voice in the workplace. Yet, joining a union doesn’t meet that need. It does the opposite by forcing employees to act in ways they may not agree with at the time.  

  • Remind employees that union membership often means concerns must go through the union steward. Staff members may no longer be able to solve their problems directly with their supervisors. Ironically, employees want a better direct relationship with their managers, but a union adds a layer of communication that employees must go through to resolve issues.  
  • Review the potential impact of a union-initiated economic strike: Employers can hire permanent replacements for all positions, and employees will only be considered for reinstatement when there is a job opening. 
  • Ensure that employees know the union can push them into getting involved in unrelated disputes, for example, requiring them to picket other employers. 
  • For some jobs, unions lessen employee autonomy because the collective bargaining agreement (CBA) may limit the ability to show ambition and motivation. For example, the CBA makes it impossible for employees to assume job duties outside their job descriptions.  

High-potential employees who want to advance their promotion possibilities often voluntarily take on or learn new duties outside their job responsibilities to expand their knowledge and experience. They don’t want higher pay or a new job title. They want to learn on the job and leverage that learning at some point for career advancement. The collective bargaining agreement normally includes a list of job titles and responsibilities. Labor unions will not allow employees to voluntarily act this way and will demand the employer limit job duties and the ability to cross-train..  

Any and all of these topics are helpful discussion points as you conduct your employee meetings. However, there are certain things you must avoid to comply with the law and the regulations set by the National Labor Relations Board. 

address union organizing

Avoid Unfair Labor Practice Charges 

Whether in staff meetings or while passing in the hallways, there are certain statements you and your leadership cannot make during an active organizing campaign, according to the National Labor Relations Act. Ensure that your leaders are trained in labor relations to avoid these unfair labor practices 

  • You cannot promise employees anything in return for voting against unionization. For example, you cannot offer a pay increase, a promotion, or benefits in exchange for a “no” vote. 
  • Conversely, you cannot threaten employees for voting “yes” to unionization. While you can speak in general terms about how unionized companies’ benefits and pay differ from your company’s, you cannot tell employees that they will lose their jobs, have a reduction in wages, or be demoted for their pro-union vote.  

While these tips are good for a crisis situation, consider including discussion points in regular conversations with employees. Through frequent information sharing, you can protect your company from union organizers before they approach a single team member. 

When your organization wants to assess union vulnerability or discovers union organizing is in progress, contact IRI Consultants for help navigate the complexity of labor relations and employee communication today. In the current environment, it only takes a few wrong words for management to find itself in a negative and defensive position, rather than promoting positive employee relations.

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About the Author Jennifer Orechwa

With over 25 years in the industry, and now as IRI's Director of Business Development, Jennifer has gained a unique perspective on what it takes to build a culture of engagement. By blending a deep understanding of labor and employee relations with powerful digital marketing knowledge, Jennifer has helped thousands of companies achieve behavioral change at a cultural level.

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