Responding to Union Organizing Training for Supervisors

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Responding to Union Organizing
Training for Supervisors
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Introduction
For the past several decades, union organizing campaign
efforts and union membership have decreased. Recently,
however, with the introduction of pro-union legislation in
Congress, namely the Employee Free Choice Act, and with
increased efforts of unions to target non-manufacturing
employers, specifically those in the service industry, union
organizing efforts are on the rise.
It is now increasingly important for employers to recognize and
respond to union organizing in their workplace. This sample
presentation is intended for presentation to supervisors and
other individuals who manage employees. It is designed to be
presented by an individual who is knowledgeable in labor
relations and specifically in union organizing issues and union
avoidance. This is a sample presentation that must be
customized to match the employer’s own culture, policies and
practices as well as state labor relations laws.
©SHRM 2008
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Objectives
At
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the close of this session, you will be able to:
Describe the tactics and steps union organizers use.
List reasons employees consider unionizing.
Cite signs of union organizing.
List steps management uses to combat the union effort.
List Do’s and Don’ts for management involved in union
campaigns.
©SHRM 2008
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Union Organizing Tactics
In order to recognize the signs of and respond to union
organizing, managers need to know the tactics used and steps
followed by union organizers.
A local or national union may target a specific company and
may encourage one or more of its members to seek
employment at the targeted company. This is called salting.
Once these “salts” start working in the targeted company, they
initiate efforts to organize workers within the company.
Also, employees within a company may start their own
organizing campaign and seek assistance from a local or
national union.
©SHRM 2008
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Union Organizing Steps
Steps followed by union organizers include:
• Gathering support and building an organizing committee.
 Determining who the workplace leaders are.
 Exploiting complaints regarding benefits, working conditions, pay,
or specific management employees or practices.
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Compiling information about the workplace.
 Organizational structure – divisions, departments, work areas, jobs,
shifts.
 Employee information – name, address, phone, shift, job title,
department, social relationships, group membership (ethnic,
language, hobbies, smokers).
 Employer information – other locations, customers, union history.
©SHRM 2008
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Union Organizing Steps (cont’d)
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Meeting with employees away from work to:
 Agitate – Find out what employees consider problems,
such as low pay, long hours, poor benefits; convince
employees these are the fault of the employer, and
generate an emotional agitation against the company’s
management.
 Educate – Tell employees how other workers have dealt
collectively with similar problems, citing successful union
organization and bargaining.
 Inoculate – Prepare the workers emotionally for the
company’s anti-union campaign and assure them that
you know how to deal with it. Convince employees that
solidarity is critical.
 Organize – Recruit more employees for the organizing
committee, obtain commitments for assignments, and
respond to any obstacles or objections employees raise.
©SHRM 2008
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Union Organizing Steps (cont’d)
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Adopting an Issues Program.
 The organizing committee develops a list of union demands and a
strategy for the union campaign, including how to highlight the
issues.
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Having a majority of employees sign union authorization cards.
 The goal is to have a sizeable majority sign.
 With 50% plus one employee, the union may ask the company to
recognize the union without an election.
 If the company refuses to recognize the union without an election,
the signed cards are submitted to petition the state or federal labor
board to hold an election.
©SHRM 2008
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Union Organizing Steps (cont’d)
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Winning the union election.
 The union campaign not only continues, but is intensified.
 Efforts to combat the company’s anti-union campaign are also
increased.
 To win, the union must receive a majority of the votes cast.
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Negotiating a contract.
 The union campaign continues, focused on mobilizing employees
to support the union’s contract demands.
©SHRM 2008
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Questions? Comments?
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Reasons Employees Consider Unionizing
The following may cause employees to consider unionizing:
• Perception or knowledge that management does not listen to
employees, acts abusively, plays favorites or does not
recognize employee contributions.
• Furloughs, layoffs, reorganizations--all of which result in
employees feeling insecure.
• Changes that are not explained or are explained poorly, such as
reductions in benefits, cuts in pay, work schedules, and policies
such as drug testing.
• Safety and health violations attributable to management.
©SHRM 2008
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Signs of Union Organizing
Union organizers prefer not to “go public” until they absolutely have
to. Although this may make it difficult for managers to recognize
the early signs of a union campaign, here are signs of possible
union activity:
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Emergence of new opinion leaders who speak for groups of
employees (new hires may be union salts).
Employees who had not mixed with others suddenly
congregating informally.
©SHRM 2008
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Signs of Union Organizing (cont’d)
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An increase in complaints by groups of employees.
Employees using union terms, and union literature being found
in lunch rooms, parking lots.
Employees making lists of employee names and contact
information.
©SHRM 2008
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Questions? Comments?
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Management Steps to
Combat Union Organizing Efforts
1. Put employees on notice that the company is opposed to
unionization and that it is prepared to use all lawful means to
remain union-free.
2. Remind employees of the competitive pay and benefits they
have and of your policy of treating all employees with respect
and dignity, and having an open door for employees to discuss
their ideas and concerns.
3. Address reasons you believe employees have for considering
unionization.
4. Provide employees with information on the disadvantages of
being represented by a union, citing union dues and having
terms of employment decided in union negotiations rather than
in direct talks with management.
©SHRM 2008
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Management Steps to
Combat Union Organizing Efforts (cont’d)
4. Discuss with senior management possible reasons for the union
campaign and ask what organizing activities they are aware of.
5. Engage supervisors as the first line of defense:
• Call a meeting of all supervisors and others who have front-line
authority with labor counsel present. Make sure no borderline
nonsupervisory employees, who might be able to vote in a union
election, are included.
• Inform supervisors of the company’s position regarding the union
drive and its intent to discourage employees from signing
authorization cards or to vote against the union if an election is
called.
©SHRM 2008
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Management Steps to
Combat Union Organizing Efforts (cont’d)
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Educate managers about unions, including union corruption and
effects of strikes on employees and companies.
• Train supervisors and members of the senior management
team on legal do’s and don’ts; instruct them to engage their
employees in informal conversations regarding the company’s
position, and direct them to report on organizing activities they
are aware of.
6. With guidance from labor counsel, set up meetings with small
groups of employees in which a senior management team
member discusses the union drive and the reasons why
employees do not need a union.
7. Meet regularly with all employees to discussion the company’s
non-union campaign and to seek employee questions and
comments.
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Questions? Comments?
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Management Do’s and Don’ts
In addition to the steps management takes to combat union
organization, do the following:
• Refuse any request by the union to have organizing or
recruiting activities on your premises during paid work time
unless your state has a law prohibiting this restriction.
• Review your non-solicitation policy regarding the use of your email system and be sure you can enforce restrictions against
employees using your e-mail program to send union messages.
©SHRM 2008
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Management Do’s and Don’ts (cont’d)
Don’t do the following:
• Promise benefits or pay increases to employees if they withhold
support for the union.
• Interrogate employees about their opinions on unionization or
their union activities.
• Threaten any action, such as disciplining an employee who
engages in union organizing or closing a location or a plant if
employees vote a union in.
• Create an impression of surveillance of union activities by
members of management.
• Discuss any personnel policies or benefits of the company with
union representatives.
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Questions? Comments?
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Summary
Union organizers use various tactics and steps including
gathering support and building the organizing committee,
meeting with employees away from work, adopting an issues
program and having employees sign authorization cards.
Reasons employees may consider unionization include a
perception or knowledge that management does not listen to
employees; furloughs and layoffs; changes that are not
explained well, such as reductions in benefits; and safety and
health violations attributable to management.
©SHRM 2008
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Summary (cont’d)
Signs of union organizing are the emergence of new opinion
leaders who speak for groups of employees, an increase in
complaints by groups of employees, employees using union
terms and union literature being found in lunch rooms and
parking lots, and employees making lists of employee names
and contact information.
Steps management uses to combat the union efforts include
letting employees know it is opposed to unionization, reminding
employees of the competitive pay and benefits they have,
addressing reasons it believes employees have for considering
unionization, and providing information on the disadvantages of
being represented by a union.
©SHRM 2008
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Summary (cont’d)
Employers should engage supervisors as the first line of
defense in combating union organizing, and meet regularly with
all employees to discussion the company’s non-union
campaign.
Management must not promise benefits or pay increases to
employees if they withhold support for the union; interrogate
employees about their opinions on unionization or their union
activities; threaten any action, such as disciplining an
employee who engages in union organizing or closing a
location or a plant if employees vote a union in; or create an
impression of surveillance of union activities by members of
management.
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©SHRM 2008
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Course Evaluation
Please be sure to complete and leave the evaluation sheet you
received with your handouts.
Thank you for your attention and interest!
©SHRM 2008
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