Is your company dealing with an existing union or is a union trying to form? If the employees want to be represented by a union, they are free to make that choice. Still, almost all employers will attempt to prevent their employees from unionizing. The formation of labor unions is governed by National Labor Relations Act (NLRA). This act allows workers to bargain as a group instead of individually. The NLRA prohibits employers from firing and disciplining workers for trying to organize. For the most part, employers can’t ban or discriminate against pro-union employees. Some managers try to live with the union they best they can. Most would be very happy if the workers chose to throw the union out.
Here are some arguments against a union and some tips for management how to block a union from forming.
What to Tell the Workers:
- Every occupation is different and some workers may not get the salary increases with unionization that others get.
- When unionized workers are paid salary and benefits everyone is treated equally. They are not judged as individuals. Often, there is no merit pay.
- Unions by their very nature are conservative. They gained power, their leadership is in place and they don’t want anything to change that.
- Unions may try to resist changes that could make the company more competitive. This could lead to lower revenue and less money to pay employees.
Tips for Management
- Always tell employees the truth.
- Not every union statement requires a response.
- Supervisors, managers and executives need to know the basics of applicable labor law.
- Have the corporation create an atmosphere of dialogue and continue to improve communications among managers, supervisors, executives and the employees.
- Use every possible legal response in every possible forum to prosecute any violence.
- Create a team that continually evaluates each event, making any midcourse corrections to avoid repeating mistakes or to plan a more effective response in the future.
- An internal response team and outside groups – such as a counsel or consultant – need to be selected carefully based on experience, size and complexity of the situation. For example, statements to the media may require press relations, human resources and the general counsel to be consulted, as well as a task force or various management or supervisory groups. It may be best that all communications questions be directed to a particular individual or team of individuals.
- Unions tend to play on management’s mistakes.
If a union does form, there are different approaches that management can take. Here are some of them:
- Management can say “no” at the bargaining table
- Very experienced people should handle the bargaining. Those with a labor economics background should figure out direct and indirect costs of what the union is demanding. Make certain you understand what may affect operating flexibility.
- Identify the positions beyond which you will not go during negotiations.
- Plan ahead for the possibility the union will call a strike. Plan how to work through a major disturbance. Plan how you will update customers and potential customers and educate managers and supervisors. Become familiar with outside services you may need to provide assistance during a strike.
- Try to influence any political struggles in the union to your benefit. Union members often get into disagreements over their choice of leaders and other workplace issues.
- You cannot ignore the goals and tactics of the union. Being good buddies with the union and communicating with the union sounds reasonable and may work sometimes. They will still organize plants and factories. If your company is unionized and your competitors are not, you will be at a competitive disadvantage. In the end, the unionized companies will likely spend more money in the cost of overall production than non-unionized competitors.
- If a neutral third party can come in to resolve issues that cannot be resolved internally, it may tear away at what the union offers employees.
- According to the Center for Union Facts, a union watchdog website, hundreds of votes are taken yearly to throw unions out, in a process known as decertification. In 2004, workers decertified unions in 65% of decertification elections, according to cases closed by the National Labor Relations Board. If at least 30% of the workers in the bargaining unit sign a decertification petition, it’s sent to the NLRB. If a majority of the workers who vote in the election favor decertifying the union, or if the vote results in a tie, then the NLRB will officially remove the union's recognition as the bargaining representative of the workers.
What are My Rights, Responsibilities as an Employer?
There are many rights and responsibilities that laws, such as the NLRA, give to employers. Employers, as well as employees, must negotiate in good faith, meaning that neither party can intentionally behave badly during negotiations. Employers cannot prevent employees from organizing. Employers cannot threaten, intimidate, or coerce employees to reject unionization. An employer cannot make false claims. Employers are also protected from illegal strikes.
Employers have many options available to them to discourage employees from forming a union and to respond to the union if it gets formed. The key is to abide by the laws. Though complex, they give both employers and employees many protections to make the process a fair one.
