All companies that wish to remain union-free must have some kind of union prevention strategy. However, this strategy does not come in a “one size fits all” program. There are many factors, both internal and external, that are used to measure the level of “union threat” from companies, and understanding this will give management a better idea of the type of union prevention venue that should be established.
Pre-assessment: basic concepts
Before you begin, it is important to lay the groundwork to avoid unionization. A 3-part approach will cover the basics. The first one is for your newest employees. A simple explanation of the company’s union-free philosophy should be a permanent part of the employee handbook and should be communicated on the first day in a powerful but not awkward way.
Second, also on the policy side, but for current employees, consider developing a legal no-solicitation / no-publication policy that covers all electronic and printed materials. Be sure to consult with legal counsel about the best wording for these policies, but educational information is available online.
The third part of this basic foundation is making sure that supervisors and managers have been educated on legal tactics to avoid unions.
Union vulnerability assessment
With this 3-part foundation in place, a more comprehensive vulnerability assessment can be conducted. Start with five key areas: employees, geography, industry, local factors, and corporate concerns. You can rate these areas on a 10 point scale, where a “1” is low risk and a “10” is an area where serious and immediate attention should be paid.
1) Employee concerns. Positioning the company as a “preferred employer” can be an important component of an effective strategy to avoid unions. It is important to know which employees feel are the key problems of the company (not just wages, but job security, health care, etc.) and how you have responded to them. One way to get an accurate indicator is anonymous employee surveys; An ongoing open and frank dialogue with direct supervisors is also a powerful tool.
2) Rent, rent, rent. Geographic diversity and the number of locations are also factors to consider. Different factors can affect different locations, making some locations more prone to unionization than others. Understand the pro or anti-union culture of each area and research statistics on organizing and unionization. In many companies, there are places where unionized and non-union employees work side by side. This can make non-union employees much more likely to organize, whether or not it is in their best interest, as unionized employees will see the potential for strength when adding members.
3) Industry wisdom. Of course, certain industries are more prone to unionization than others. Organized workers have publicly announced that their current plans include organizing workers in the healthcare, construction and transportation sectors. But even that is evolving to include highly visible fast food industry organizing campaigns. A generation ago, the industries most likely to be unionized were manufacturing or auto parts, but that effort has apparently run its course. Today, becoming a target may have more to do with the standard of living within an industry – low-wage, low-skilled workers are the most likely to support unions and their promises.
4) The local level. Know which unions are most prevalent locally (not just in the relevant industries, as almost all unions today hire outside of their main specialty). Local unions often describe their playbook on their website or at least post key documents and information that provide information on specific areas and even list local businesses. Get to know the local union well – its finances, membership, local corruption cases and any other information that can help clarify the truth if the need arises.
5) The big picture. Corporate campaigns, when unions engage in public relations, public relations and media campaigns to pressure a company to unionize, are increasingly common. Union organizers will investigate public records, including lawsuits filed by employees (or former employees), FLSA, or security violations, even going as far as organizing protests and calling out religious and community leaders as a way to spearhead their organizing campaign. The more offenses or weaknesses they can unearth, the sooner the target company is likely to give in, even without the employee’s consent. But because corporate campaigns are expensive and time-consuming, unions often ask for a neutrality agreement. Within a neutrality agreement, companies agree to allow a union access to employees without interference in exchange for the company name not being damaged in the court of public opinion.
Development of a personalized union prevention strategy
After evaluating these 5 key areas, it’s time to develop a personalized strategy to avoid bonding and the communication plan to put that strategy into action.
5-10 points: low risk. If the evaluation shows high employee morale, little or no union interest, and a lack of union presence in the area, the company can be considered to have a low unionization risk. Don’t assume that at the low risk level there is no need to act. The truth is essentially the opposite. Unions have long had their greatest success with unsuspecting companies, who simply don’t talk to their employees, assuming all is well.
Being low risk simply means that the strategies (or luck) in place are working today, not necessarily that they will continue to work tomorrow. Provide effective employee and labor relations training for supervisors. Ask your labor and employment attorney to review the employee handbook for legal compliance and maximum effectiveness in union prevention, and review state and local laws. Complete the preliminary investigation on any union that may be a threat. While it may seem counterintuitive, it’s also vital to start communicating directly with employees about the company’s non-union philosophy. This communication should include an introductory “labor relations 101” video (for new hires and current hires) that explains the company’s union-free philosophy and the reasons behind it.
11-20 points: Moderate risk. In the moderate risk stage, companies have employees who belong to a demographic that is receptive to unions, there is often evidence of union interest in the facility, and unions are present in the immediate area. At this point, more aggressive strategies are needed. Comprehensive role-play based supervisory training on legal methods is vital to dispelling union propaganda. As for employees, review any issues that have been raised and address all legitimate concerns immediately. This would likely mean looking closely at the terms and conditions of employment. Education campaigns should also continue. A video on card signing could be used to dispel union myths and explain the dangers of signing a union authorization card. At this point, it may also be necessary to develop a web presence, such as an employee-centric website, to reach beyond the company and into employee homes. A website is also a powerful and effective resource to counter the online organization that is undoubtedly taking place.
21-50 points: high risk. If you are in the high-risk zone, danger signs include low employee morale and a strong union presence within the area, and may include immediately obvious card-signing activity and organizing activity. Legal advice is strongly recommended on this point, as all union prevention measures must be performed within the limits of the NLRB rules. Direct communication with employees is vital and should be presented in the way that employees expect based on previous communication: personal contact, meetings, videos, websites, letters, and newsletters. This communication strategy should be worked out right away, starting with a custom-developed role-play video to bring issues to light, adding a campaign-specific web presence for employees, and implementing training resources on topics such as organizing, negotiating. , job security and strikes.
