NLC
NATIONAL LABOR CONSULTANTS copyright 2012 confidential & proprietary

- Registered Nurse with a BA from Lehigh University, a BSN from
Jacksonville University, and a MS in Healthcare Administration.
- Keith has a background in emergency and critical care nursing.
- Keith had joined the New York State Nurses Association with the hopes of improving the nursing profession through collective bargaining.
- Mr. Peraino spent years directing extensive organizing campaigns working with NYSNA, UAN, CNA, IBT, and the SEIU.
- He has extensive campaign experience and was a senior human resources official for the largest healthcare system in New Jersey.
- Keith’s experience with the union, organizing, negotiating, strike coordinating, and handling contract administration and arbitrations has provided rare insight into the methodology currently employed the nation’s largest healthcare unions.
copyright 2012 confidential & proprietary

copyright 2012 confidential & proprietary

copyright 2012 confidential & proprietary


copyright 2012 confidential & proprietary

copyright 2012 confidential & proprietary

Organizers give the illusion that workers will have a
“voice”
- The union campaign becomes the battleground
- An organizer does whatever it takes to win hope.
- Organizers win by building trust with the workers
- The trust is often “false” trust
I would never promise to get better benefits. I would promise to negotiate better benefits.
- Organizers are trained to key in on personal issues and create company issues copyright 2012 confidential & proprietary

Organizers know what neighborhoods target workers (and management) lives in.
- Organizers get into the minds of the workers, and not just the staff, but management as well.
- Organizers know about their families, their spouses, their children, who they were friends with.
The purpose: to learn what emotional issues can be raised and what intimidation tactics will work effectively.
- Organizers know everything about you before you know they are there (If they are any good!) copyright 2012 confidential & proprietary

- Unions still use fear and intimidation tactics
- They want you to know they are there
- Hanging out outside your facility, pro-company employee hangouts, pro-company employee homes, management homes
- Turning employees against other employees
- Turning employees against management (and vice versa)
- Turning public against management
- They have two goals:
Strike fear in non-union supporters
Force management into making mistakes (Emotional) copyright 2012 confidential & proprietary

SAMPLES OF UNION CAMPAIGN
MANUAL
 Sample language includes:
1.
“Follow supervisors instructions to the letter even when you know those instructions are wrong or the supervisor has mistakenly left out key steps.”
2.
“In some case s you may be able to persuade the customers not to do business with the employer because the employer is not being fair to the workers.”
3.
“Management will try to describe the strike as being called by “the union”, local officers, “ a small group of hotheads”, or the
International union. Going the extra mile to make sure everyone feels they had the chance to vote may help insure that this charge doesn’t ring true.”
4.
“…a number of stronger pressure tactics are possible, short of a full scale strike. For example, workers might stop work for a brief
“unity break” a minute, five minutes, an hour – which is calculated to be long enough to prove a point to management and the members themselves, but short enough not to provoke employer retaliation.” copyright 2012 confidential & proprietary

SAMPLES OF UNION CAMPAIGN
MANUAL
5.
PAGE 19 OF THE SEIU CONTRACT CAMPAIGN
MANUAL…the SEIU explains that YOU should threaten to strike and walk out. They also state that during a strike an employee lockout is a good thing because the employee can apply for FOOD STAMPS!!!!
6.
During a strike, strike benefits, if any, are not automatic.
Some campaign manuals state that an employee must exhaust all bank accounts, investments, friends and family, before they are eligible. Oh and they forgot to mention, with every union, even when you are on strike, the employee still has to pay dues.
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Vindicator
Victim
Vulture copyright 2012 confidential & proprietary

WHAT DOES THE UNION WANT


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Union becomes silent as they build relationships.
When there is activity from union, it’s usually too late and a petition for election follows shortly
Union searches for representatives from every unit
Union tries to earn trust, and become the “go to” people for answers copyright 2012 confidential & proprietary

- Swiping stethoscopes from the ER
- NICU blowing of the air gun
- CT Scan and MRI Equipment
- Workers Compensation Cases
- Sexual harassment claims
-Unfair Labor Practices
-Dumpster Diving
-Meet the Neighbor Day copyright 2012 confidential & proprietary

 Cardboard coffins or gravestones symbolizing “the death of workplace justice.”
 Greeting cards or petitions signed by employees for management.
 A skeleton symbolizing a “bare bones” benefits package.
 A block of ice to protest wage freezes.
 Bags of dirt left outside the office of the CEO who treats his employees “like dirt.”
 Police crime scene tape wrapped around an area where an outrageous offense against workers has taken place.
Bring in mass numbers of organizers to organize small groups of employees to show power in numbers.
copyright 2012 confidential & proprietary

copyright 2012 confidential & proprietary

“Can’t be slackers; do your job consistently and do it well. Don’t make yourself an easy target for management. Fellow workers will respect you more.”
“Look for people who are responsible and not disciplined. People- including management- are more likely to listen to these workers. These workers portray real problems and it is harder for management to retaliate against them.
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WHY MY EMPLOYEES?
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WHY EMPLOYEES SEEK UNIONS
Employees feel they lack job security because:
 Management condoned arbitrary separations.
 Management failed to have proper documentation before taking action and the result was an upset former employee and, even more serious, an upset organization.
 Management was just “too busy” to listen.
 Management “too busy” to investigate and obtain answers.
 Management was not following a consistent promotion from-within policy – no considerations given to seniority.
 Management showed favoritism.
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WHY EMPLOYEES SEEK UNIONS
Wage program deficiencies:
 Management not keeping consistently abreast of competitive wages in the area for like work.
 Failure to review salary schedules and make salary adjustments when necessary.
 Failure to inform employee of new wage rate when salary increase is given.
 Erratic, short hour schedules. Exceptions to the normal schedule not fully documented on employees’ records. Flexing Down.

WHY EMPLOYEES SEEK UNIONS
Employees fail to understand organization benefits or policies:
 Employees not provided with the necessary information to fully understand how to use the benefit program. Although our organization provides an excellent benefit package – most of this effort goes without credit when employees do not understand and utilize that which is rightfully theirs.
 Employees have not received updated Employee
Handbooks. What language is the handbook in?

WHY EMPLOYEES SEEK UNIONS
Supervision deficiencies:
 Inconsistent standards – favoritism.
 Job duties not defined.
 Failure to recognize individual achievement.
 Failure to treat employees with respect.
 Failure to properly orient new employees.
 Failure to conduct “Employee Annual
Review.”
 Lack of uniform rules and regulations, or if established, not made known.

WHY EMPLOYEES SEEK UNIONS
Employees feel ignored:
 Changes made without employees being informed or consulted.
 Employees’ suggestions not given consideration.
 Employees don’t have a say on the things that affect their jobs.
 Employees have a feeling of “not belonging.”
 Employees see no apparent advancement opportunities.
 Favoritism shown in promotions.
 Inconsistent administration of policies and regulations.

WHY EMPLOYEES SEEK UNIONS
Poor working conditions:
 Dirty lounges, inoperative restroom facilities, lack of restroom supplies.
 Improper ventilation and temperature.
 Lack of proper equipment and supplies.
 Unreasonable delay at exit floor after punching time card.
 Skipping Meals and Breaks
Employees feel uninformed about organization plans, progress and growth:
 Lack of information on new equipment and procedures
(electronic
 registers, etc.).
 Not advised of profits, finances, products and future.

METHODS TO REACH WORKERS
Survey (in person or mail)
-Local Shops, Churches
-Hanging around the cafeteria
-Personal Salting
-Home Visits copyright 2012 confidential & proprietary

• Salting – implanting pro-union “moles” into an organization for information and support
• At one time we had up to 50 salts in one company working in virtually all departments including Human Resources, Executive
Assistants and a Vice President.
• Salts would deliver a pro-union message, get vital information and report EVERYTHING back to me
• No information was too private
• Org Charts
• Personnel Files
• Site Diagrams
• Policies & Procedures
• Security Schedules and Routes
• Financial Statements
• Personal Information copyright 2012 confidential & proprietary

 Bags of trash is brought back to the “war room” for investigation
 Bank statements
 Time sheets
 Memos
 Social Security Numbers
 Dangerous material = Organizers GOLD MINE!
 Letters to mistress, photos, damaging emails
 In one instance letters were found and mailed to:
 Community Leaders
 Board Members
 Employees
 Wife
 Easy win… If he can’t be “trusted” by his wife, why should the workers trust him!
copyright 2012 confidential & proprietary

 The law may require 30% but most organizers won’t touch a campaign until 65-70% is inevitable
 Organizers do “swindle” signatures
 Sign in sheets for meetings
 Name/Address/Phone Number
 Intimidation
 If someone said “no”, I knew where to park my car the next night
 Employee surveys
 Questions crafted to get signatures copyright 2012 confidential & proprietary

SACRIFICING FOR THE “GREATER GOOD”
 A good organizer knows that he must sacrifice employees to create issues.
 If an employee knows the “right” answer at a public meeting, he may be accused of working with management and thrown out
 If an employee is seen after work hours with a manager, the union will make an example of him/her
 If an employee makes anti-union statements he will face consequences
 If an internal organizing team member is not doing what he/she is asked to do, they are singled out.
 Organizers do this to create emotion, create issues and force the workers to “fight their own fight”.
 In my organizing days:
 I caused lifelong friendships to be fractured
 I caused 20 year employees to lose their jobs (voluntarily and involuntarily)
 I caused several divorces
 Did I care?
 At the time this was my job… I only cared about WINNING!
copyright 2012 confidential & proprietary

 Loss of management rights
 Union interference..Stewards, union rights
 “Us vs. them” mentality
 LOSS OF PROFITS
 Loss of productivity (management and workers alike)
 Legal battles such as Arbitrations etc.
 Strikes/job actions copyright 2012 confidential & proprietary

Why are Unions becoming more active?
U N I O N M E M B E R S H I P T O D A Y I S L E S S T H A N 7 . 4 % O F T H E P R I V A T E
W O R K F O R C E . A T T H E H E I G H T O F O R G A N I Z E D L A B O R , U N I O N
M E M B E R S H I P W A S A B O U T 3 7 % .
- T H E R E I S A R E S E R V O I R O F B E T W E E N 1 0 M I L L I O N A N D 1 2 M I L L I O N
P O T E N T I A L L Y O R G A N I Z A B L E W O R K E R S W H O S E A N T I C I P A T E D D U E S
A M O U N T T O P E R H A P S A S M U C H A S 5 B I L L I O N D O L L A R S .
- E A S Y A C C E S S T O P U B L I C A N D T O P U B L I C A R E A S ( I . E . , C A F E T E R I A ,
L O B B Y , C O M M O N S A R E A S ) .
- L A R G E C O N C E N T R A T I O N O F N O N - U N I O N E M P L O Y E E S I N
H E A L T H C A R E A N D N O N H E A L T H C A R E .
- U N I O N S A R E L O S I N G M E M B E R S H I P I N T R A D I T I O N A L L Y U N I O N I Z E D
I N D U S T R I E S ( M F G , T E X T I L E S , S T E E L , E T C . ) .
- U N ION O R GAN IZING I S O N T H E R I S E ! copyright 2012 confidential & proprietary

 Preventative measures
 Management training
 Know your workforce (the union does)
 Improve “soft skills”
 Communication
 Listen (the union will)
 Educate (inoculate)
 Inform copyright 2012 confidential & proprietary

PROGRAMS AND EDUCATION
 Union vulnerability assessment
 One on One employee satisfaction survey
 Shared governance
 NLRA training
 Policy and Procedure manual review
 Human resource consulting
 Worksite assessment
 Employee relations improvement programs copyright 2012 confidential & proprietary

copyright 2012 confidential & proprietary