Union Organizing and Awareness Update
SHRM Labor Relations Special Expertise Panel 2008
Agenda
Legal Lay of the Land
The Labor Movement is Energized
Organizing Trends and Tactics
Reasons Employees Resort to Unionization
Union Organizing Early Warning Signs
The Anatomy of a Union Campaign
Prohibited Conduct During Organizing Campaign
What Management Can Say About Unions
Creating a Positive Operating Climate To Avoid Unionization
Threats
SHRM 2008
The Legal Lay of the Land
SHRM 2008
The National Labor Relations Act Protects
Non-Union Employees as well as Union
Employees shall have the RIGHT to self-organization, to form,
or assist labor organizations, to bargain collectively through
representatives of their choosing and to engage in other
concerted activities for the purpose of collective bargaining or
other mutual aid or protection, and shall also have the RIGHT
TO REFRAIN from any or all activitiesSection 7 of the
NLRA
SHRM 2008
7 Rights Protected
To unionize or not to unionize
To bargain collectively through representatives of employees
own choosing
To engage in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection
SHRM 2008
Other Mutual Aid or Protection
Covers activities that do not involve unions
Examples:
Objections to harassment
Refusal to work in the face of dangerous working conditions
Refusing to cross picket line
Three employees filing for unemployment
Employees petitioning their employer resolve work related issues
SHRM 2008
Supervisors Are Not Covered
Supervisors are any individual having authority, in the interest of
the employer:
To hire, transfer, suspend, lay-off, recall promote, discharge, assign,
reward, or discipline other employees
Responsibility to direct them, or
To adjust their grievances, or
Effectively recommend such action
If in connection with foregoing the exercise of such authority is not
merely routine or clerical nature, but requires the use of independent
judgment NLRA, 2(11)
Section 2(11) of the Act, Oakwood Healthcare, Inc., 348 NLRB No. 37
(2006)
SHRM 2008
Concerted Activity
Two or more employees
By one employee on behalf of others
By one employee about concerns that are the logical outgrowth of
group activity or concern of others
By one employee to enforce the collective bargaining agreement
SHRM 2008
Examples of Protected Concerted Activity
Work stoppages
Refusal to work voluntary on-call
Honoring picket lines
Filing or processing grievances in concert
Protests of discrimination
SHRM 2008
Activity that Is NOT Protected, Even if Concerted
Disparaging employers product
Disloyalty
Release of employers confidential information
Disrupting work
Sit-down strikes
Partial or intermittent strikes
Advocating for employee stock ownership plan
SHRM 2008
What Is a Union ?
any organization of any kind, or any agency or employee
representation committee or plan, in which employees
participate and which exists for the purpose, in whole or in part,
of dealing with employers concerning grievances, labor
disputes, wages, rates of pay, hours of employment, or
conditions of work. NLRA, 2(5)
SHRM 2008
What Do Unions Do ?
Capitalize on Managements Failure To Be a Good Employer
Managements unfulfilled promises
Managements lack of engagement activities
Managements lack of fairness and consistency in policies and
practices
Managements lack of fairness and competitiveness in pay and benefits
SHRM 2008
The Labor Movement Is Energized
SHRM 2008
The Labor Movement Is Energized
The New Union Competitors
2005 Number of Unions split from AFL-CIO and form Change to
Win Coalition
SEIU
Teamsters
UNITE
HERE
UFCW
Laborers
Carpenters
SHRM 2008
The Labor Movement Is Energized
New Strength Unity Plan
Targeted States: Florida, Pennsylvania, Connecticut,
Maryland and the District of Columbia
Consolidation of Locals
Leveraging Unionized Industries
Strategic Planning and Executing Business Plans
75% of their budget used for organizing in the field
SHRM 2008
SHRM 2008
The Labor Movement Is Energized
Unions Organizing Model
Corporate campaigns
Sign neutrality agreements
Avoid NLRB supervised elections
SHRM 2008
The Labor Movement Is Energized
Corporate Campaigns
Instills pressure on the targeted company beyond the
traditional organizing campaigns, strikes, and general protest
Usually conducted in partnership with non-aligned issue
oriented activist groups funded by or supported by unions
Carefully orchestrated tactics such as continuous complaints to
government agencies, consumer boycotts, shareholder
resolutions and general harassment of company stakeholders
SHRM 2008
The Labor Movement Is Energized
Corporate Campaigns: Overall Strategy
To exert media, legal, political, social, economic and
psychological leverage to put pressure on the targeted
company
Often initiated by the union in response to:
Unwillingness to voluntarily recognize a union
Refusal of a neutrality agreement/card check
Being stalemated over critical issues in negotiations
Growing its union-free facilities
Challenging a political/legislative position taken by
organized labor
SHRM 2008
SHRM 2008
The Labor Movement Is Energized
Sign Neutrality Agreements
An agreement between the employer and the union
Employer agrees not to resist the unions organizing attempts
Agreements may include the following:
Facility access for the union
Card checks for recognition
Employer prohibited from making negative comments
about the union
Employer provides employees the addresses and phone
numbers of the union organizer
SHRM 2008
The Labor Movement Is Energized
Avoid NLRB Supervised Elections
Unions are supporting the Employees Free Choice Act in the
U.S. Congress
Under EFCA, if a union gets enough cards signed, it will then
be declared the bargaining unit representative WITHOUT a
secret ballot election
If the EFCA passes, a majority of signed cards would eliminate
the opportunity for a secret ballot election
Cards signed TODAY and given to the union MAY be used by
the union at anytime in the future
Under EFCA, decertification process would require a secret
ballot election
SHRM 2008
The Labor Movement Is Energized
Organizing Results
80 percent success rate with neutrality agreements
75 percent success rate in NLRB elections
SEIU only major union to have substantial growth since 2000,
membership now totals over 1.8 million
SHRM 2008
Organizing Trends and Tactics
SHRM 2008
Additional Union Organizing Strategies
Energizing clergy and community activists toward pro-union issues
Salting
Appealing web sites
Card check
Political action committees: Pushing employee free choice legislation
SHRM 2008
The New Concerns for Employees
Security, security, securityboomers
Offshoring/outsourcing
Temporary employees
Social justice issues
Growth in corporate power, i.e., Wal-Marting of jobs
Reduction in benefits and increased cost sharing of health insurance
SHRM 2008
New Organizing Fields
Underrepresented and growing minority communities
Gen-X workers, those born between 1961 and 1980
Techno-savvy workers such as Gen-X and Gen-Y
College campuses
Southern and Southwestern areas of country
Women, particularly in health care, technical and administrative
positions
SHRM 2008
Union Wish List: Companies They Want NOW*
Wal-Mart
FedEx
Verizon Wireless
Toyota, Honda or Nissan
Comcast
IBM
*Source: CNN Money
SHRM 2008
Reasons Employees Resort To Unionization
SHRM 2008
Reasons Employees Resort To Unionization
Claims of unfair or inconsistent treatment
Employee abuse
Lack of written rules and policies
Rules are inconsistently enforced
Lack of documentation
Failure to provide competent leadership
Lack of recognition and appreciation
Lack of communication
SHRM 2008
Reasons Employees Resort To Unionization
Lack of employee participation
Employees not feeling part of the team
Perceived inequity in pay and benefits
Lack of positive perception of employer
Failure to recognize seniority
Neglect of safety or hygiene matters
Fear regarding job security
SHRM 2008
Union Organizing Early Warning Signs
SHRM 2008
Union Organizing Early Warning Signs
Employee complaints change and frequency increases, decreases or
employees stop talking to you
Employees form groups that include individuals who do not normally
associate with each other
Managers and supervisors receive an unusually large number of policy
inquiries, particularly on pay, benefits and discipline
Employees are found in work areas they do not normally visit
Avoidance of supervision- employees clam-up
Argumentative questions are asked in departmental meetings
Exit interviews information indicates that employees are attempting to
escape an unpleasant environment
SHRM 2008
Union Organizing Early Warning Signs
News items are placed on bulletin boards about union settlements in
same industries
Cartoons or graffiti appear, directing humorous hostility toward the
organization, management or supervision
A significant change in the rate of turnover, either upward or
downward
A number of people apply for jobs who do not have relevant
experience and appear to be willing to work at a lower status and less
pay than their records indicate
An unusual interest on the part of vendors and subcontractors in
communicating with employees
Non-union represented employees begin meeting and talking with
known union members
Complaints begin to be made by a delegation, not single employees
SHRM 2008
Union Organizing Early Warning Signs
Employees adopt a new, technical vocabulary which includes such
phrases as protected activity, unfair labor practices, demands for
recognition
Union authorization cards, handbills, or leaflets appear on the
premises or in the parking areas or trash bins
Union representatives visit or write employees at their homes
Requests are made for names and address list
Union flyers on windshield
Any other factors which appear to be out of the ordinary and seem to
be separating management from the workplace
SHRM 2008
Prohibited Conduct During Organizing Campaign
SHRM 2008
Prohibited Conduct During Organizing Campaign: TIPS
T-I-P-S
Threats
Interrogation
Promise
Surveillance (Spying)
SHRM 2008
Prohibited Conduct During Organizing Campaign: TIPS
Threats: 8(a)(1) prohibits THREATS of reprisal or coercion
Examples of violations:
To close a plant
To discharge union supporters
To discontinue benefits
Futility of voting for union
Changes in practice or rules in response to union activity
SHRM 2008
Prohibited Conduct During Organizing Campaign: TIPS
Interrogation: 8(a)(1) prohibits INTERROGATION
Facts and circumstances review
Examples of violations:
Requiring applicants to disclose union membership or affiliation
Asking how the employee feels about the union
Asking if the employee attended a union meeting
Polling employees
Soliciting grievances
SHRM 2008
Prohibited Conduct During Organizing Campaign: TIPS
Promises: Interference is no less interference because it
accomplished through allurements rather than coercion
NLBR v. Crown Co., 138 F.2nd 263,267 (8th Cir. 1943), cert. denied,
321 US 769 (1944)
Examples of Violations
Accelerating positive change in wages or benefits
Soliciting or remedying grievances
SHRM 2008
Prohibited Conduct During Organizing Campaign: TIPS
Surveillance: Impression of SURVEILLANCE is a violation of
8(a)(1) because it may inhibit support for union
Examples of violations:
Employee told its an open secret that you have joined the union
Photography or videotaping union activity
SHRM 2008
What Management Can Say About Unions
SHRM 2008
What Management Can Say About Unions
F-O-E
Facts
Opinions
Examples
SHRM 2008
What Management Can Say About Unions
1. Facts
You are able to give facts regarding the union and
expectations for union members
SHRM 2008
What Management Can Say About Unions
2. Opinions
You can share your own personal
opinions about unions
SHRM 2008
What Management Can Say About Unions
3. Examples
You are able to give examples of situations regarding union
organizing and contract negotiations
SHRM 2008
Creating a Positive Operating Climate To Avoid
Unionization Threats
SHRM 2008
Creating a Positive Operating Climate
Strive to create an issue-free work place
Encourage employees to ask questions
Avoid policies and procedures that program people to think union
Employ the most effective applicant assessment techniques
Establish communication programs that make employees feel a
part of your company
Ensure equitable pay and benefits practices
SHRM 2008
Creating a Positive Operating Climate
Assess and influence employee values and attitudes in an open and
lawful manner
Regularly talk with your employees about your employee relations
philosophy
Ensure that your management practices reflect your stated philosophy
Train your first-line supervisors in positive employee relations
SHRM 2008
HR Professionals Must
Understand labors organizing tactics and the implications
Educate supervisors on positive employee relations, including
lawful ways to respond to union tactics
Stay attuned to the level of employee satisfaction and
engagement within their organization
Be able to clearly articulate the organizations No Solicitation/No
Distribution policy
Be able and willing to balance the best interests of employees
and the success of the business
SHRM 2008
