How to Stay Union Free

And What to Do If Employees Attempt to Organize

While many companies enjoy productive working relationships with unions, most companies prefer to maintain a union-free environment, as it generally provides for more flexibility and preserves the ability for management and employees to communicate directly.

Some Unions Can Have a Negative Impact

• Restrictive work rules that limit flexibility and create impediments to productivity and performance
• Limits the ability to communicate directly with employees
• Inability to reward outstanding performance (everyone receives the same wage increase)
• Potential labor disputes and strikes
• Time consuming grievances, administration, etc.

1# Reasons for Union Activity

While equitable pay and benefits can play a role in union organizing, the main reason for most union campaigns is the result of employees feeling unappreciated, unvalued, and ignored. Union organizers typically tell employees that they need an advocate, and that with union representation, management will finally listen to what they have to say.

While no one can stop unions from attempting to organize employees, supervisors that cultivate a positive work environment can minimize interest in union membership

Given the above, one of the best ways to deter employees’ interest in unions is to provide labor relations training for supervisors.

Other Triggers for Union Organizing

• Fairness issues (pay, benefits, policies, etc.)
• Discriminatory personnel practices (favoritism)
• Occupational and workplace safety concerns
• Inaccessible and “uncaring” management
• Poor communication and no interest in employee ideas and opinions
• Lack of promotional or advancement opportunities
• Management’s total disregard of seniority

DO NOT DISCRIMINATE based on Employees’ Union Activity (TIPS)

The National Labor Relations Act has numerous rules and guidelines that govern how both the company and the union must behave at each phase of union activity. Violating any of these rules can have serious consequences. To avoid violations of NLRB rules, our HR consultants advise employers to remember the acronym “TIPS,” which stands for the following:

“T” Don’t Threaten – It is illegal to threaten or take actions, of any kind, against individuals for supporting a union

“I” Don’t Interrogate – It is illegal to interrogate employees about their union views and activities, as well as those of their coworkers

“P” Don’t Promise – It is illegal to promise or imply that the company will grant benefits, of any kind, to employees if they oppose the union

“S” Don’t Spy – It is illegal to spy or conduct any type of surveillance on employees to monitor their union activities

Unlawful Actions Managers Need to Avoid (examples)

• Threaten, imply, or take actions to terminate, reduce pay, transfer to less desirable jobs, or otherwise punish employees because of their union views
• State or imply that the company will close or move to another location if employees support or vote for a union
• Directly, or indirectly, inquire as to how employees view the union or their union activities
• Promise, grant, or imply that employees will receive better pay and benefits, or any other considerations, to influence them against the union
• Enforce company rules more strictly against union supporters, while being lenient toward pro-company employees (no double standards)
• Tell employees that the company will never grant the union’s demands and that there will definitely be a strike (violates “good faith” bargaining)

Lawful Actions by Management (examples)

• Most important, tell your employees that the company prefers to remain nonunion
• Share that the company prefers to continue to deal directly with its employees, without intervention by an outside union
• Inform employees of any untruths in the union’s propaganda (Clear with HR)
• Let employees know that they will have to pay monthly union dues and be subject to the union’s negotiated rules
• Be available to answer employee questions and discuss their concerns; but remember not to threaten, promise, or interrogate them about union related
• matters
• Make clear that unions cannot guarantee any improvements; everything will depend on negotiations

Guiding Principles for Building Good Relationships

As stated earlier, supervisors can serve as either a catalyst or deterrent for union organizing campaigns. When supervisors develop positive working relationships with their employees — treating employees with respect — interest in unions is typically very low. On the other hand, when employees feel unappreciated, taken for granted, and ignored, the union can make a strong case that they can be an effective advocate for employee concerns.

While no one can stop unions from attempting to organize employees, supervisors that cultivate a positive work environment can minimize interest in union membership

We recommend that managers and supervisors consider the following guiding principles for building a positive working relationship with employees:

• Honest – Do what you say you will do (keep your word)
• Clear – Communicate and explain expectations
• Listen – Treat all employees equally and avoid perception of favoritism
• Respectful – Remember the “Golden Rule”
• Fair – Treat all employees equally and avoid perception of favoritism

Today’s supervisors must act as leaders and coaches

• Be accessible, communicate, and motivate employees
• Understand that helping to cultivate a positive employee relations environment is an important part of a supervisor’s job
• Be selective when hiring new employees. Look for a good work ethic, positive attitude, and the ability to learn
• Deal with non-performers (keep performance expectations high)
• Encourage employees to share ideas and recognize their efforts

Hutchison Group Can Help

Over the past 35 years, Hutchison Group’s employee relations consultants have helped many of the world’s best companies develop highly efficient and productive workplaces — in both union and nonunion settings — and are experts in the area of union avoidance. For a complete list of our clients and to learn more about our HR and labor relations services, please visit our web page at www.hutchgrp.com . We look forward to working with you!