Living W And Wo Unions

Unions: Living With and Without Them

Presented By:

Mark R. Adams, SPHR

Understanding what the union organizers look for in potential targets

Gauging employees' current satisfaction with the organization

Reviewing policies and procedures you should have

Assessing the impact of your supervisors/managers

Recognizing the signs that a campaign may be underway.

Supervisory do’s and don’ts

Supervisory/Management behaviors

Agenda

Vulnerability – Who Is a Target?

Everyone is a target….

Unions are businesses

Unions will organize ANYONE.

Economic landscape is used to their advantage

Some industries more pre-disposed than others.

Vulnerability – Who Is a Target?

Are some bigger targets than others?

FY 2009 Union Win Rates: Health Care = 70.1% Admin. Support Services =

81.7% Prof./Scientific/Tech.

Services = 51.5% Manufacturing = 45.1%

Source: National Labor Relations Board

Vulnerability – Are YOU a Target?

What Are Unions Targeting?

Unions target employee whom they can motivate to join a union based on non-economic/social as well as financial factors such as:

1. Wages2. Ineffective Management3. Family, Education, etc.4. Insecurity5. Change

Unions will tailor their organizing strategy based on initial feedback and research from employees.

Question of the Day

What is a union’s win rate when compensation is the main issue?

33%Source: Proskauer & Rose LLP

Question of the Day

What is a union’s win rate when working conditions and fairness were the main issue?

__%

Question of the Day

What is a union’s win rate when working conditions and fairness were the main issue?

69%Source: Proskauer & Rose LLP

Main Reasons for Organizing

Respect and employee satisfaction with an organization play a more pivotal role than

compensation when it comes to successful union organizing efforts.

Main Reasons for OrganizingSpecific examples that drive union interest: Claims of unfair or inconsistent treatment Lack of written rules and policies Policies, procedures and practices are not

understood Rules are inconsistently enforced Lack of documentation Failure to provide competent leadership Lack of recognition and appreciation Lack of communication

Main Reasons for OrganizingSpecific examples that drive union interest: Lack of employee participation Employees not feeling part of the team Perceived inequity in pay and benefits Lack of positive perception of employer Failure to recognize seniority Neglect of safety or hygiene matters Fear regarding job security Failure of management to follow through with

promises

Questions to consider on employee satisfaction….

Policy-related questions: Are your policies consistently applied? Are your policies consistently communicated? Are your policies updated and documented? Are your policies “fair”?

Gauging Employee Satisfaction


Managerial-related questions: Are employees properly trained for their job? Are performance reviews done consistently? On-time? Is exceptional performance recognized? Is pay based on merit? Is underperformance identified and responsively dealt with? Are employees treated fairly? Does management actively investigate and/or respond to

employee requests and concerns?



Communication-related questions: Are staff meetings held? Employee’s role? How accountable is management to employees?

Taking responsibility for bad decisions or actions as well as good ones?

Explain actions to employees for important or unpopular decisions? (not just what was done but why?)

Have you done an employee opinion survey within the last 12 months? If so, did you follow-up on recommended changes?

Are language barriers overcome in communicating policies, benefits, performance reviews and conveying management expectations?

Are you engaging in open dialogue about company’s position on unions?



Training-related questions: Are employees properly trained for their job?

Other questions:• Does management take pro-active role in explaining benefits

and enrolling employees into benefit programs?


The policies and procedures that your company adopts play a pivotal role in how employees view your organization.

Do you have the following policies in your handbook?: Union-Free/Employee Relations Policy Solicitation/Distribution Policy Outside Employment Policy Bulletin Board Policy Open Door Policy Progressive Discipline Policy Dispute Resolution Policy

Policies and Procedures

Union-Free/Employee Relations Policy:

Pro-actively convey company philosophy of how employees are to be treated by company

Company’s responsibility in positioning employees to succeed in their jobs

Define company’s viewpoint on unions.



Specific elements:

Not anti-union – be pro-employee

Prefer to deal with employees as individuals – listen to problems and resolve their grievances on an individual basis

Would to be able to continue to recognize them for individual contributions and reward them for own performance



Specific elements:

Not anti-union – be pro-employee

Prefer to deal with employees as individuals – listen to problems and resolve their grievances on an individual basis

Would to be able to continue to recognize them for individual contributions and reward them for own performance



Specific elements:

Business – success has been based on your ability to meet or exceed your customer requirements

If you continue to grow and provide opportunities must maintain flexibility to respond instantly to changes in customer demands



Specific elements:

Must be able to change quickly, better and more cost-effectively than your competition

Motivation to produce quality products is higher in a non-unionized environment

Employees should know that the authorization cards are legally binding


Solicitation/Distribution Policy:

Is it compliant?

Does it define when solicitations and/or distributions are permitted and prohibited?

Does management commit to applying the policy fairly and consistently?


Outside Employment Policy:

Does it balance company and personal interests or needs?

Is it clear?

Does it provide for open dialogue to evaluate situations before company action is taken?


Bulletin Policy:

Do you prohibit all employee postings and reserve for company purposes only?

or….

Do you permit employee postings on a board?


Open Door Policy:

Do you provide employees with an open channel to HR or other top management to discuss their issues or concerns?

Do you provide employees with opportunities to take advantage of this mechanism without postings on a board?


Progressive Discipline Policy:

Does the policy provide for ample steps to allow for employees to change their behavior?

Are the steps clearly defined?

Are the steps fair in their application?

Is documentation developed in implementing policy clearly developed and communicated?


Internal data sources: Employee Opinion Surveys Focus Groups 360 Degree Assessments Supervisory Assessments

made by top management/HR

Assessing Supervisory Impact

Formal outreach: With organization via

employee opinion surveys With supervisors via 360

degree assessments

Pitfalls: Defining expectation of

change Timing of delivery.

Assessing Supervisory Impact

AFL-CIO Organizing Survey

PERSONAL CONTACT IS THE MOST EFFECTIVE MEANS OF ORGANIZING

House Calls: 78% win rate when ¾ of unit are visited

Mailings: 39% win rate

Telephone Calls: 40% win rate

So How Does an Organizer Get an Employee to Sign a Card?

►Would anyone in the room like a raise?SIGN THE CARDSIGN THE CARD.

►What about free health insurance? SIGN THE CARDSIGN THE CARD.

►More Staff? SIGN THE CARDSIGN THE CARD.

►Less weekend work? SIGN THE CARDSIGN THE CARD.

►How about just getting some more information on us? SIGN THE CARDSIGN THE CARD.

Authorization Card

Union Authorization Cards

A petition can be filed upon a “showing of interest” -30% of employees who the Union has determined could be part of a bargaining unit – normally looking for 50%

Notification to employer that a

petition has been filed

Employer can recognize a union

upon showing of the cards

Union Organizing Process

Review appropriateness of who can vote Scope of bargaining unit Types of jobs, geographic

scope Supervisors? Don’t count.

Once granted, election takes place within 42 days – FOR NOW!

Secret-ballot election

50% plus one of those that actually vote.

Union Organizing Process

Proposed Rulemaking under Consideration: Require pre-election hearings to begin no later than seven days after a

hearing notice; Requiring the production of a “preliminary” voter list, including names, work

location, shift and classification no later than the opening the of the pre-election hearing (rather than after an election has been directed);

Deferring voter eligibility issues involving less than 20% of the proposed bargaining unit until after an election;

Eliminating pre-election requests for review of Regional Director rulings; Including phone number and email addresses (when available) on the final

voter list of employees; Shortening the production of the final voter list to two business days and

producing the list in electronic form

Effect: Cut timetable from petition to election in half!

NLRB Proposed Rule

Do You See:

Employees stop talking as soon as your presence is known. Employees meet and talk in out-of-the-way places. Employees from separate departments or different job levels

begin meeting and talking together to a greater extent than before.

Employees are absent from customary “social” get-togethers. The nature of employee complaints changes and the frequency

increases. Down-to-earth employees develop social consciousness or

begin using a strange vocabulary. Good workers begin doing poor work. Poor workers begin doing good work.

Is Union Organizing Going On?

Education and Communication

Knowledge is power = educate your employees: Communicate your Employee

Relations Philosophy Explain the significance of signing

a union authorization card Explain effects of a unionized

environment Explain cost of union dues Lack of one-on-one dialogue on

issues Explain your company’s

philosophy on handling employee questions and disputes.

Recognize employees

Possible topics:

Recognition of employee achievements – (performance, training, personal)

Promoting operational changes driven by employee suggestions

Wage and benefit comparisons to external information

Safety improvements/reduction in accidents.

Remember: “TIPS”

You cannot:

Threaten employees Interrogate employees Promise employees anything Spy on employees

Do’s & Don’ts: Supervisor Don’ts


Threats:

To close a facility – plant – location

To discharge union supporters

To discontinue benefits

Futility of voting for a union

Changes in practice or rules in response to union activity



Interrogation:

Asking how the employee feels about the union

Asking if the employee attended a union meeting

Polling employees

Soliciting grievances



Promises:

Accelerating positive change in wages or benefits

Soliciting or remedying grievances

Promotions or improved working conditions

What Supervisors Can’t Do


Spy:

Photographing/videotaping union activity

Following employees to off-site meetings

What Supervisors Can’t Do

Other Examples:

“If you support the union, you’re fired.”

“If a union gets in here, we’ll shut down.”

“Have you been approached by a union?”

“If you help us remain union-free, we’ll give you a $100 bonus.”


Remember: “FOE”

You can talk about:

Company’s position on unions Your personal experiences with

unions The TRUTH about unions The TRUTH about a particular

union Union facts.

Do’s & Don’ts: Supervisor Do’s

Examples:

“That a union could negotiate an agreement with management that may not support your personal beliefs.”

“The company believes that a union often creates an adversarial as opposed to a constructive environment for resolving disagreements.”


Examples:

“Unionized employees have to pay dues that are deducted from their paycheck whether they like it or not.”

You are able to give examples of situations regarding union organizing and contract negotiations.


Personally thank employees for doing a good job

Communicate clear expectations Be willing to meet and listen to employees Follow through on agreements and promises Involve employees in decisions Give people a chance to learn new skills Manage by walking around, know what is

going on

Supervisory Behaviors

Thank you forparticipating in today’s

program!

Please Click Here to Complete this Short Survey

Toll Free – 877-662-6444www.eane.org

http://www.surveymonkey.com/s/85Z7YHR

http://www.eane.org/

Questions?

Employers Association of the NorthEast

3 Convenient Offices:67 Hunt StreetPO Box 1070

Agawam, MA 01001-6070413-789-6400

250 Pomeroy AvenueSuite 200

Meriden, CT 06450203-686-1739

67 Millbrook StreetWorcester, MA 01606

508-767-3415

Toll Free – 877-662-6444www.eane.org

http://www.eane.org/

Documents

Living W And Wo Unions