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NLC NLC NLC NLC NATIONAL LABOR CONSULTANTS NATIONAL LABOR CONSULTANTS NATIONAL LABOR CONSULTANTS NATIONAL LABOR CONSULTANTS copyright 2012 confidential & proprietary

National Labor Consultants 101712 - HRMA WNEhrmawne.shrm.org/sites/hrmawne.shrm.org/files/National Labor... · NATIONAL LABOR CONSULTANTS copyright 2012 confidential & proprietary

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NLCNLCNLCNLCNATIONAL LABOR CONSULTANTSNATIONAL LABOR CONSULTANTSNATIONAL LABOR CONSULTANTSNATIONAL LABOR CONSULTANTS

copyright 2012 confidential & proprietary

---- Registered Nurse with a BA from Lehigh University, a BSN from Registered Nurse with a BA from Lehigh University, a BSN from Registered Nurse with a BA from Lehigh University, a BSN from Registered Nurse with a BA from Lehigh University, a BSN from Jacksonville University, and a MS in Healthcare Administration.Jacksonville University, and a MS in Healthcare Administration.Jacksonville University, and a MS in Healthcare Administration.Jacksonville University, and a MS in Healthcare Administration.

---- Keith has a background in emergency and critical care nursing. Keith has a background in emergency and critical care nursing. Keith has a background in emergency and critical care nursing. Keith has a background in emergency and critical care nursing.

---- Keith had joined the New York State Nurses Association with the Keith had joined the New York State Nurses Association with the Keith had joined the New York State Nurses Association with the Keith had joined the New York State Nurses Association with the hopes of improving the nursing profession through collective hopes of improving the nursing profession through collective hopes of improving the nursing profession through collective hopes of improving the nursing profession through collective bargaining. bargaining. bargaining. bargaining.

Presenter: Keith Presenter: Keith Presenter: Keith Presenter: Keith PerainoPerainoPerainoPeraino

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bargaining. bargaining. bargaining. bargaining.

---- Mr. Mr. Mr. Mr. PerainoPerainoPerainoPeraino spent years directing extensive organizing campaigns spent years directing extensive organizing campaigns spent years directing extensive organizing campaigns spent years directing extensive organizing campaigns working with NYSNA, UAN, CNA, IBT, and the SEIU.working with NYSNA, UAN, CNA, IBT, and the SEIU.working with NYSNA, UAN, CNA, IBT, and the SEIU.working with NYSNA, UAN, CNA, IBT, and the SEIU.

---- He has extensive campaign experience and was a senior human He has extensive campaign experience and was a senior human He has extensive campaign experience and was a senior human He has extensive campaign experience and was a senior human resources official for the largest healthcare system in New Jersey. resources official for the largest healthcare system in New Jersey. resources official for the largest healthcare system in New Jersey. resources official for the largest healthcare system in New Jersey.

---- Keith’s experience with the union, organizing, negotiating, strike Keith’s experience with the union, organizing, negotiating, strike Keith’s experience with the union, organizing, negotiating, strike Keith’s experience with the union, organizing, negotiating, strike coordinating, and handling contract administration and coordinating, and handling contract administration and coordinating, and handling contract administration and coordinating, and handling contract administration and arbitrations has provided rare insight into the methodology currently arbitrations has provided rare insight into the methodology currently arbitrations has provided rare insight into the methodology currently arbitrations has provided rare insight into the methodology currently employed the nation’s largest healthcare unions.employed the nation’s largest healthcare unions.employed the nation’s largest healthcare unions.employed the nation’s largest healthcare unions.

WHY DO YOU WORK HERE?WHY DO YOU WORK HERE?WHY DO YOU WORK HERE?WHY DO YOU WORK HERE?

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WHO IS IMPORTANT?WHO IS IMPORTANT?WHO IS IMPORTANT?WHO IS IMPORTANT?

Who is the most important Who is the most important Who is the most important Who is the most important person in administration and person in administration and person in administration and person in administration and person in administration and person in administration and person in administration and person in administration and

management?management?management?management?

AT WILL EMPLOYMENT

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What does this mean?What does this mean?What does this mean?What does this mean?

RIGHT/NON RIGHT TO WORK RIGHT/NON RIGHT TO WORK RIGHT/NON RIGHT TO WORK RIGHT/NON RIGHT TO WORK STATESTATESTATESTATE

�WHAT DOES THIS MEAN WHAT DOES THIS MEAN WHAT DOES THIS MEAN WHAT DOES THIS MEAN AND HOW DO UNIONS AND HOW DO UNIONS AND HOW DO UNIONS AND HOW DO UNIONS

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AND HOW DO UNIONS AND HOW DO UNIONS AND HOW DO UNIONS AND HOW DO UNIONS USE IT FOR THEIR USE IT FOR THEIR USE IT FOR THEIR USE IT FOR THEIR

ADVANTAGE?ADVANTAGE?ADVANTAGE?ADVANTAGE?

CONFESSIONS…CONFESSIONS…CONFESSIONS…CONFESSIONS…

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KNOW THE REAL ORGANIZERKNOW THE REAL ORGANIZERKNOW THE REAL ORGANIZERKNOW THE REAL ORGANIZER

---- Organizers give the illusion that workers will have a Organizers give the illusion that workers will have a Organizers give the illusion that workers will have a Organizers give the illusion that workers will have a “voice“voice“voice“voice””””

---- The union campaign becomes the battleground The union campaign becomes the battleground The union campaign becomes the battleground The union campaign becomes the battleground ---- An organizer does whatever it takes to win hope.An organizer does whatever it takes to win hope.An organizer does whatever it takes to win hope.An organizer does whatever it takes to win hope.---- Organizers win by building trust with the workersOrganizers win by building trust with the workersOrganizers win by building trust with the workersOrganizers win by building trust with the workers

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---- Organizers win by building trust with the workersOrganizers win by building trust with the workersOrganizers win by building trust with the workersOrganizers win by building trust with the workers---- The trust is often “false” trustThe trust is often “false” trustThe trust is often “false” trustThe trust is often “false” trust

I would never promise to get better benefits. I would I would never promise to get better benefits. I would I would never promise to get better benefits. I would I would never promise to get better benefits. I would promise to negotiate better benefits.promise to negotiate better benefits.promise to negotiate better benefits.promise to negotiate better benefits.

---- Organizers are trained to key in on personal issues and Organizers are trained to key in on personal issues and Organizers are trained to key in on personal issues and Organizers are trained to key in on personal issues and create company issuescreate company issuescreate company issuescreate company issues

KNOW THE REAL ORGANIZERKNOW THE REAL ORGANIZERKNOW THE REAL ORGANIZERKNOW THE REAL ORGANIZER

- Organizers know what neighborhoods target workers (and Organizers know what neighborhoods target workers (and Organizers know what neighborhoods target workers (and Organizers know what neighborhoods target workers (and management) lives in.management) lives in.management) lives in.management) lives in.

---- Organizers get into the minds of the workers, and not just the Organizers get into the minds of the workers, and not just the Organizers get into the minds of the workers, and not just the Organizers get into the minds of the workers, and not just the staff, but management as well. staff, but management as well. staff, but management as well. staff, but management as well.

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staff, but management as well. staff, but management as well. staff, but management as well. staff, but management as well.

---- Organizers know about their families, their spouses, their Organizers know about their families, their spouses, their Organizers know about their families, their spouses, their Organizers know about their families, their spouses, their children, who they were friends with. children, who they were friends with. children, who they were friends with. children, who they were friends with. The purpose: to learn what emotional issues can be raised and what intimidation The purpose: to learn what emotional issues can be raised and what intimidation The purpose: to learn what emotional issues can be raised and what intimidation The purpose: to learn what emotional issues can be raised and what intimidation

tactics will work effectively. tactics will work effectively. tactics will work effectively. tactics will work effectively.

---- Organizers know everything about you before you know they Organizers know everything about you before you know they Organizers know everything about you before you know they Organizers know everything about you before you know they are there (If they are any good!)are there (If they are any good!)are there (If they are any good!)are there (If they are any good!)

FEAR AND INTIMIDATION FEAR AND INTIMIDATION FEAR AND INTIMIDATION FEAR AND INTIMIDATION

---- Unions still use fear and intimidation tacticsUnions still use fear and intimidation tacticsUnions still use fear and intimidation tacticsUnions still use fear and intimidation tactics---- They want you to know they are thereThey want you to know they are thereThey want you to know they are thereThey want you to know they are there---- Hanging out outside your facility, proHanging out outside your facility, proHanging out outside your facility, proHanging out outside your facility, pro----company employee company employee company employee company employee

hangouts, prohangouts, prohangouts, prohangouts, pro----company employee homes, management company employee homes, management company employee homes, management company employee homes, management homeshomeshomeshomes

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homeshomeshomeshomes---- Turning employees against other employeesTurning employees against other employeesTurning employees against other employeesTurning employees against other employees---- Turning employees against management (and vice versa)Turning employees against management (and vice versa)Turning employees against management (and vice versa)Turning employees against management (and vice versa)---- Turning public against managementTurning public against managementTurning public against managementTurning public against management---- They have two goals:They have two goals:They have two goals:They have two goals:

Strike fear in nonStrike fear in nonStrike fear in nonStrike fear in non----union supportersunion supportersunion supportersunion supportersForce management into making mistakes (Emotional)Force management into making mistakes (Emotional)Force management into making mistakes (Emotional)Force management into making mistakes (Emotional)

SAMPLES OF UNION CAMPAIGN SAMPLES OF UNION CAMPAIGN SAMPLES OF UNION CAMPAIGN SAMPLES OF UNION CAMPAIGN MANUALMANUALMANUALMANUAL

� Sample language includes:1.1.1.1. “Follow supervisors instructions to the letter even when you know “Follow supervisors instructions to the letter even when you know “Follow supervisors instructions to the letter even when you know “Follow supervisors instructions to the letter even when you know

those instructions are wrong or the supervisor has mistakenly left those instructions are wrong or the supervisor has mistakenly left those instructions are wrong or the supervisor has mistakenly left those instructions are wrong or the supervisor has mistakenly left out key steps.”out key steps.”out key steps.”out key steps.”

2.2.2.2. “In some case s you may be able to persuade the customers not to do “In some case s you may be able to persuade the customers not to do “In some case s you may be able to persuade the customers not to do “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 business with the employer because the employer is not being fair to business with the employer because the employer is not being fair to business with the employer because the employer is not being fair to the workers.”the workers.”the workers.”the workers.”

3.3.3.3. “Management will try to describe the strike as being called by “the “Management will try to describe the strike as being called by “the “Management will try to describe the strike as being called by “the “Management will try to describe the strike as being called by “the

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3.3.3.3. “Management will try to describe the strike as being called by “the “Management will try to describe the strike as being called by “the “Management will try to describe the strike as being called by “the “Management will try to describe the strike as being called by “the union”, local officers, “ a small group of hotheads”, or the union”, local officers, “ a small group of hotheads”, or the union”, local officers, “ a small group of hotheads”, or the union”, local officers, “ a small group of hotheads”, or the International union. Going the extra mile to International union. Going the extra mile to International union. Going the extra mile to International union. Going the extra mile to make sure everyone make sure everyone make sure everyone make sure everyone feels feels feels feels they had the chance to vote may help insure that this charge they had the chance to vote may help insure that this charge they had the chance to vote may help insure that this charge they had the chance to vote may help insure that this charge doesn’t ring true.”doesn’t ring true.”doesn’t ring true.”doesn’t ring true.”

4.4.4.4. “…a number of stronger pressure tactics are possible, short of a full “…a number of stronger pressure tactics are possible, short of a full “…a number of stronger pressure tactics are possible, short of a full “…a number of stronger pressure tactics are possible, short of a full scale strike. For example, workers might stop work for a brief scale strike. For example, workers might stop work for a brief scale strike. For example, workers might stop work for a brief scale strike. For example, workers might stop work for a brief “unity break” a minute, five minutes, an hour “unity break” a minute, five minutes, an hour “unity break” a minute, five minutes, an hour “unity break” a minute, five minutes, an hour –––– which is calculated which is calculated which is calculated which is calculated to be long enough to prove a point to management and the to be long enough to prove a point to management and the to be long enough to prove a point to management and the to be long enough to prove a point to management and the

members themselves, but short enough not to provoke employer members themselves, but short enough not to provoke employer members themselves, but short enough not to provoke employer members themselves, but short enough not to provoke employer retaliation.”retaliation.”retaliation.”retaliation.”

SAMPLES OF UNION CAMPAIGN SAMPLES OF UNION CAMPAIGN SAMPLES OF UNION CAMPAIGN SAMPLES OF UNION CAMPAIGN MANUALMANUALMANUALMANUAL

5.5.5.5. PAGE 19 OF THE SEIU CONTRACT CAMPAIGN PAGE 19 OF THE SEIU CONTRACT CAMPAIGN PAGE 19 OF THE SEIU CONTRACT CAMPAIGN PAGE 19 OF THE SEIU CONTRACT CAMPAIGN MANUAL…the SEIU explains that YOU should threaten to MANUAL…the SEIU explains that YOU should threaten to MANUAL…the SEIU explains that YOU should threaten to MANUAL…the SEIU explains that YOU should threaten to strike and walk out. They also state that during a strike an strike and walk out. They also state that during a strike an strike and walk out. They also state that during a strike an strike and walk out. They also state that during a strike an employee lockout is a good thing because the employee can employee lockout is a good thing because the employee can employee lockout is a good thing because the employee can employee lockout is a good thing because the employee can apply for FOOD STAMPS!!!!apply for FOOD STAMPS!!!!apply for FOOD STAMPS!!!!apply for FOOD STAMPS!!!!

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6.6.6.6. During a strike, strike benefits, if any, are not automatic. During a strike, strike benefits, if any, are not automatic. During a strike, strike benefits, if any, are not automatic. During a strike, strike benefits, if any, are not automatic. Some campaign manuals state that an employee must Some campaign manuals state that an employee must Some campaign manuals state that an employee must Some campaign manuals state that an employee must exhaust all bank accounts, investments, friends and exhaust all bank accounts, investments, friends and exhaust all bank accounts, investments, friends and exhaust all bank accounts, investments, friends and family, before they are eligible. Oh and they forgot to family, before they are eligible. Oh and they forgot to family, before they are eligible. Oh and they forgot to family, before they are eligible. Oh and they forgot to mention, with every union, even when you are on strike, the mention, with every union, even when you are on strike, the mention, with every union, even when you are on strike, the mention, with every union, even when you are on strike, the employee still has to pay dues.employee still has to pay dues.employee still has to pay dues.employee still has to pay dues.

CYCLE OF FEARCYCLE OF FEARCYCLE OF FEARCYCLE OF FEAR

Vindicator

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Victim

Vulture

WHAT DOES THE UNION WANTWHAT DOES THE UNION WANTWHAT DOES THE UNION WANTWHAT DOES THE UNION WANT

�1. UNION SECURITY 1. UNION SECURITY 1. UNION SECURITY 1. UNION SECURITY CLAUSE(Right to work CLAUSE(Right to work CLAUSE(Right to work CLAUSE(Right to work

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CLAUSE(Right to work CLAUSE(Right to work CLAUSE(Right to work CLAUSE(Right to work versus nonversus nonversus nonversus non---- right to work right to work right to work right to work state)state)state)state)�2. DUES DEDUCTION2. DUES DEDUCTION2. DUES DEDUCTION2. DUES DEDUCTION

SILENCE MEANS ACTIVITYSILENCE MEANS ACTIVITYSILENCE MEANS ACTIVITYSILENCE MEANS ACTIVITY

Union becomes silent as Union becomes silent as Union becomes silent as Union becomes silent as they build relationships. they build relationships. they build relationships. they build relationships.

When there is When there is When there is When there is

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UNIONUNIONUNIONUNION Union searches Union searches Union searches Union searches for representatives for representatives for representatives for representatives from every unitfrom every unitfrom every unitfrom every unit

Union tries to earn trust, Union tries to earn trust, Union tries to earn trust, Union tries to earn trust, and become the “go to” and become the “go to” and become the “go to” and become the “go to”

people for answers people for answers people for answers people for answers

When there is When there is When there is When there is activity from activity from activity from activity from

union, it’s usually union, it’s usually union, it’s usually union, it’s usually too late and a too late and a too late and a too late and a petition for petition for petition for petition for

election follows election follows election follows election follows shortlyshortlyshortlyshortly

REAL REAL REAL REAL SSSSTORIES IN FIRST TORIES IN FIRST TORIES IN FIRST TORIES IN FIRST CCCCONTRACTS AND ONTRACTS AND ONTRACTS AND ONTRACTS AND OOOORGANIZINGRGANIZINGRGANIZINGRGANIZING

---- Swiping stethoscopes from the ERSwiping stethoscopes from the ERSwiping stethoscopes from the ERSwiping stethoscopes from the ER---- NICU NICU NICU NICU blowing of the air gunblowing of the air gunblowing of the air gunblowing of the air gun---- CT CT CT CT Scan and MRI Scan and MRI Scan and MRI Scan and MRI EquipmentEquipmentEquipmentEquipment---- Workers Compensation Cases Workers Compensation Cases Workers Compensation Cases Workers Compensation Cases

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---- Workers Compensation Cases Workers Compensation Cases Workers Compensation Cases Workers Compensation Cases ---- Sexual harassment claimsSexual harassment claimsSexual harassment claimsSexual harassment claims-Unfair Unfair Unfair Unfair Labor Labor Labor Labor PracticesPracticesPracticesPractices----Dumpster DivingDumpster DivingDumpster DivingDumpster Diving----Meet the Neighbor DayMeet the Neighbor DayMeet the Neighbor DayMeet the Neighbor Day

REAL STORIESREAL STORIESREAL STORIESREAL STORIES� Cardboard coffins or gravestones symbolizing “the death Cardboard coffins or gravestones symbolizing “the death Cardboard coffins or gravestones symbolizing “the death Cardboard coffins or gravestones symbolizing “the death

of workplace justice.”of workplace justice.”of workplace justice.”of workplace justice.”

� Greeting cards or petitions signed by employees for Greeting cards or petitions signed by employees for Greeting cards or petitions signed by employees for Greeting cards or petitions signed by employees for management.management.management.management.

� A skeleton symbolizing a “bare bones” benefits package.A skeleton symbolizing a “bare bones” benefits package.A skeleton symbolizing a “bare bones” benefits package.A skeleton symbolizing a “bare bones” benefits package.

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� A skeleton symbolizing a “bare bones” benefits package.A skeleton symbolizing a “bare bones” benefits package.A skeleton symbolizing a “bare bones” benefits package.A skeleton symbolizing a “bare bones” benefits package.

� A block of ice to protest wage freezes.A block of ice to protest wage freezes.A block of ice to protest wage freezes.A block of ice to protest wage freezes.

� Bags of dirt left outside the office of the CEO who treats Bags of dirt left outside the office of the CEO who treats Bags of dirt left outside the office of the CEO who treats Bags of dirt left outside the office of the CEO who treats his employees “like dirt.”his employees “like dirt.”his employees “like dirt.”his employees “like dirt.”

� Police crime scene tape wrapped around an area where an Police crime scene tape wrapped around an area where an Police crime scene tape wrapped around an area where an Police crime scene tape wrapped around an area where an outrageous offense against workers has taken place.outrageous offense against workers has taken place.outrageous offense against workers has taken place.outrageous offense against workers has taken place.

Bring in mass numbers of organizers to organize small Bring in mass numbers of organizers to organize small Bring in mass numbers of organizers to organize small Bring in mass numbers of organizers to organize small groups of employees to show power in numbers.groups of employees to show power in numbers.groups of employees to show power in numbers.groups of employees to show power in numbers.

WHO WANTS THE UNIONWHO WANTS THE UNIONWHO WANTS THE UNIONWHO WANTS THE UNION

WHY DO EMPLOYEES WANT A WHY DO EMPLOYEES WANT A WHY DO EMPLOYEES WANT A WHY DO EMPLOYEES WANT A UNION?UNION?UNION?UNION?

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UNION?UNION?UNION?UNION?

WHAT TYPE OF EMPLOYEE OF WHAT TYPE OF EMPLOYEE OF WHAT TYPE OF EMPLOYEE OF WHAT TYPE OF EMPLOYEE OF LEADS THE ORGANIZING LEADS THE ORGANIZING LEADS THE ORGANIZING LEADS THE ORGANIZING

MOVEMENT?MOVEMENT?MOVEMENT?MOVEMENT?

TYPES OF EMPLOYEESTYPES OF EMPLOYEESTYPES OF EMPLOYEESTYPES OF EMPLOYEES

“Can’t be slackers; do your job consistently and “Can’t be slackers; do your job consistently and “Can’t be slackers; do your job consistently and “Can’t be slackers; do your job consistently and do it well. Don’t make yourself an easy target do it well. Don’t make yourself an easy target do it well. Don’t make yourself an easy target do it well. Don’t make yourself an easy target for management. Fellow workers will respect for management. Fellow workers will respect for management. Fellow workers will respect for management. Fellow workers will respect you more.”you more.”you more.”you more.”you more.”you more.”you more.”you more.”“Look for people who are responsible and not “Look for people who are responsible and not “Look for people who are responsible and not “Look for people who are responsible and not disciplined. Peopledisciplined. Peopledisciplined. Peopledisciplined. People---- including managementincluding managementincluding managementincluding management---- are are are are more likely to listen to these workers. These more likely to listen to these workers. These more likely to listen to these workers. These more likely to listen to these workers. These workers portray real problems and it is harder workers portray real problems and it is harder workers portray real problems and it is harder workers portray real problems and it is harder for management to retaliate against them.for management to retaliate against them.for management to retaliate against them.for management to retaliate against them.

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WHY MY EMPLOYEES?

PERCEPTION IS REALITYPERCEPTION IS REALITYPERCEPTION IS REALITYPERCEPTION IS REALITY

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WHY EMPLOYEES SEEK UNIONSWHY EMPLOYEES SEEK UNIONSWHY EMPLOYEES SEEK UNIONSWHY EMPLOYEES SEEK UNIONS

Employees feel they lack job security because:Employees feel they lack job security because:Employees feel they lack job security because:Employees feel they lack job security because:

� Management condoned arbitrary separations.Management condoned arbitrary separations.Management condoned arbitrary separations.Management condoned arbitrary separations.� Management failed to have proper documentation before Management failed to have proper documentation before Management failed to have proper documentation before Management failed to have proper documentation before

taking action and the result was an upset former taking action and the result was an upset former taking action and the result was an upset former taking action and the result was an upset former employee and, even more serious, an upset organization.employee and, even more serious, an upset organization.employee and, even more serious, an upset organization.employee and, even more serious, an upset organization.employee and, even more serious, an upset organization.employee and, even more serious, an upset organization.employee and, even more serious, an upset organization.employee and, even more serious, an upset organization.

� Management was just “too busy” to listen.Management was just “too busy” to listen.Management was just “too busy” to listen.Management was just “too busy” to listen.� Management “too busy” to investigate and obtain Management “too busy” to investigate and obtain Management “too busy” to investigate and obtain Management “too busy” to investigate and obtain

answers.answers.answers.answers.� Management was not following a consistent promotionManagement was not following a consistent promotionManagement was not following a consistent promotionManagement was not following a consistent promotion----

fromfromfromfrom----within policy within policy within policy within policy –––– no considerations given to no considerations given to no considerations given to no considerations given to seniority.seniority.seniority.seniority.

� Management showed favoritism.Management showed favoritism.Management showed favoritism.Management showed favoritism.

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WHY EMPLOYEES SEEK UNIONSWHY EMPLOYEES SEEK UNIONSWHY EMPLOYEES SEEK UNIONSWHY EMPLOYEES SEEK UNIONS

Wage program deficiencies:Wage program deficiencies:Wage program deficiencies:Wage program deficiencies:

� Management not keeping consistently abreast Management not keeping consistently abreast Management not keeping consistently abreast Management not keeping consistently abreast of competitive wages in the area for like work.of competitive wages in the area for like work.of competitive wages in the area for like work.of competitive wages in the area for like work.

� Failure to review salary schedules and make Failure to review salary schedules and make Failure to review salary schedules and make Failure to review salary schedules and make � Failure to review salary schedules and make Failure to review salary schedules and make Failure to review salary schedules and make Failure to review salary schedules and make salary adjustments when necessary.salary adjustments when necessary.salary adjustments when necessary.salary adjustments when necessary.

� Failure to inform employee of new wage rate Failure to inform employee of new wage rate Failure to inform employee of new wage rate Failure to inform employee of new wage rate when salary increase is given.when salary increase is given.when salary increase is given.when salary increase is given.

� Erratic, short hour schedules. Exceptions to the Erratic, short hour schedules. Exceptions to the Erratic, short hour schedules. Exceptions to the Erratic, short hour schedules. Exceptions to the normal schedule not fully documented on normal schedule not fully documented on normal schedule not fully documented on normal schedule not fully documented on employees’ records. Flexing Down.employees’ records. Flexing Down.employees’ records. Flexing Down.employees’ records. Flexing Down.

Employees fail to understand organization benefits Employees fail to understand organization benefits Employees fail to understand organization benefits Employees fail to understand organization benefits or policies:or policies:or policies:or policies:� Employees not provided with the necessary Employees not provided with the necessary Employees not provided with the necessary Employees not provided with the necessary

information to fully understand how to use the information to fully understand how to use the information to fully understand how to use the information to fully understand how to use the benefit program. Although our organization benefit program. Although our organization benefit program. Although our organization benefit program. Although our organization

WHY EMPLOYEES SEEK UNIONSWHY EMPLOYEES SEEK UNIONSWHY EMPLOYEES SEEK UNIONSWHY EMPLOYEES SEEK UNIONS

benefit program. Although our organization benefit program. Although our organization benefit program. Although our organization benefit program. Although our organization provides an excellent benefit package provides an excellent benefit package provides an excellent benefit package provides an excellent benefit package –––– most of this most of this most of this most of this effort goes without credit when employees do not effort goes without credit when employees do not effort goes without credit when employees do not effort goes without credit when employees do not understand and utilize that which is rightfully understand and utilize that which is rightfully understand and utilize that which is rightfully understand and utilize that which is rightfully theirs.theirs.theirs.theirs.

� Employees have not received updated Employee Employees have not received updated Employee Employees have not received updated Employee Employees have not received updated Employee Handbooks. What language is the handbook in?Handbooks. What language is the handbook in?Handbooks. What language is the handbook in?Handbooks. What language is the handbook in?

Supervision deficiencies:Supervision deficiencies:Supervision deficiencies:Supervision deficiencies:

� Inconsistent standards Inconsistent standards Inconsistent standards Inconsistent standards –––– favoritism.favoritism.favoritism.favoritism.� Job duties not defined.Job duties not defined.Job duties not defined.Job duties not defined.� Failure to recognize individual achievement.Failure to recognize individual achievement.Failure to recognize individual achievement.Failure to recognize individual achievement.

WHY EMPLOYEES SEEK UNIONSWHY EMPLOYEES SEEK UNIONSWHY EMPLOYEES SEEK UNIONSWHY EMPLOYEES SEEK UNIONS

� Failure to recognize individual achievement.Failure to recognize individual achievement.Failure to recognize individual achievement.Failure to recognize individual achievement.� Failure to treat employees with respect.Failure to treat employees with respect.Failure to treat employees with respect.Failure to treat employees with respect.� Failure to properly orient new employees.Failure to properly orient new employees.Failure to properly orient new employees.Failure to properly orient new employees.� Failure to conduct “Employee Annual Failure to conduct “Employee Annual Failure to conduct “Employee Annual Failure to conduct “Employee Annual

Review.”Review.”Review.”Review.”� Lack of uniform rules and regulations, or if Lack of uniform rules and regulations, or if Lack of uniform rules and regulations, or if Lack of uniform rules and regulations, or if

established, not made known.established, not made known.established, not made known.established, not made known.

WHY EMPLOYEES SEEK UNIONSWHY EMPLOYEES SEEK UNIONSWHY EMPLOYEES SEEK UNIONSWHY EMPLOYEES SEEK UNIONS

Employees feel ignored:Employees feel ignored:Employees feel ignored:Employees feel ignored:� Changes made without employees being Changes made without employees being Changes made without employees being Changes made without employees being

informed or consulted.informed or consulted.informed or consulted.informed or consulted.� Employees’ suggestions not given Employees’ suggestions not given Employees’ suggestions not given Employees’ suggestions not given

consideration.consideration.consideration.consideration.consideration.consideration.consideration.consideration.� Employees don’t have a say on the things Employees don’t have a say on the things Employees don’t have a say on the things Employees don’t have a say on the things

that affect their jobs.that affect their jobs.that affect their jobs.that affect their jobs.� Employees have a feeling of “not belonging.”Employees have a feeling of “not belonging.”Employees have a feeling of “not belonging.”Employees have a feeling of “not belonging.”� Employees see no apparent advancement Employees see no apparent advancement Employees see no apparent advancement Employees see no apparent advancement

opportunities.opportunities.opportunities.opportunities.� Favoritism shown in promotions.Favoritism shown in promotions.Favoritism shown in promotions.Favoritism shown in promotions.� Inconsistent administration of policies and Inconsistent administration of policies and Inconsistent administration of policies and Inconsistent administration of policies and

regulations.regulations.regulations.regulations.

Poor working conditions:Poor working conditions:Poor working conditions:Poor working conditions:� Dirty lounges, inoperative restroom facilities, lack of Dirty lounges, inoperative restroom facilities, lack of Dirty lounges, inoperative restroom facilities, lack of Dirty lounges, inoperative restroom facilities, lack of

restroom supplies.restroom supplies.restroom supplies.restroom supplies.� Improper ventilation and temperature.Improper ventilation and temperature.Improper ventilation and temperature.Improper ventilation and temperature.� Lack of proper equipment and supplies.Lack of proper equipment and supplies.Lack of proper equipment and supplies.Lack of proper equipment and supplies.� Unreasonable delay at exit floor after punching time card.Unreasonable delay at exit floor after punching time card.Unreasonable delay at exit floor after punching time card.Unreasonable delay at exit floor after punching time card.

WHY EMPLOYEES SEEK UNIONSWHY EMPLOYEES SEEK UNIONSWHY EMPLOYEES SEEK UNIONSWHY EMPLOYEES SEEK UNIONS

� Unreasonable delay at exit floor after punching time card.Unreasonable delay at exit floor after punching time card.Unreasonable delay at exit floor after punching time card.Unreasonable delay at exit floor after punching time card.� Skipping Meals and BreaksSkipping Meals and BreaksSkipping Meals and BreaksSkipping Meals and Breaks

Employees feel uninformed about organization plans, progress Employees feel uninformed about organization plans, progress Employees feel uninformed about organization plans, progress Employees feel uninformed about organization plans, progress and growth:and growth:and growth:and growth:

� Lack of information on new equipment and procedures Lack of information on new equipment and procedures Lack of information on new equipment and procedures Lack of information on new equipment and procedures (electronic (electronic (electronic (electronic

� registers, etc.).registers, etc.).registers, etc.).registers, etc.).� Not advised of profits, finances, products and future.Not advised of profits, finances, products and future.Not advised of profits, finances, products and future.Not advised of profits, finances, products and future.

METHODS TO REACH WORKERSMETHODS TO REACH WORKERSMETHODS TO REACH WORKERSMETHODS TO REACH WORKERS

-Survey Survey Survey Survey (in person or (in person or (in person or (in person or mail)mail)mail)mail)

----Local Shops, ChurchesLocal Shops, ChurchesLocal Shops, ChurchesLocal Shops, Churches

----Hanging around the cafeteriaHanging around the cafeteriaHanging around the cafeteriaHanging around the cafeteria

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----Hanging around the cafeteriaHanging around the cafeteriaHanging around the cafeteriaHanging around the cafeteria

----Personal SaltingPersonal SaltingPersonal SaltingPersonal Salting

----Home Home Home Home VisitsVisitsVisitsVisits

SALTING THE WORKFORCESALTING THE WORKFORCESALTING THE WORKFORCESALTING THE WORKFORCE

• Salting Salting Salting Salting –––– implanting proimplanting proimplanting proimplanting pro----union “moles” into an organization for union “moles” into an organization for union “moles” into an organization for union “moles” into an organization for information and supportinformation and supportinformation and supportinformation and support

• At one time At one time At one time At one time we had up to 50 salts we had up to 50 salts we had up to 50 salts we had up to 50 salts in one company working in in one company working in in one company working in in one company working in virtually all departments including Human Resources, Executive virtually all departments including Human Resources, Executive virtually all departments including Human Resources, Executive virtually all departments including Human Resources, Executive Assistants and a Vice President.Assistants and a Vice President.Assistants and a Vice President.Assistants and a Vice President.

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• Salts would deliver a proSalts would deliver a proSalts would deliver a proSalts would deliver a pro----union message, get vital information and union message, get vital information and union message, get vital information and union message, get vital information and report EVERYTHING back to mereport EVERYTHING back to mereport EVERYTHING back to mereport EVERYTHING back to me• No information was too privateNo information was too privateNo information was too privateNo information was too private• Org ChartsOrg ChartsOrg ChartsOrg Charts• Personnel FilesPersonnel FilesPersonnel FilesPersonnel Files• Site DiagramsSite DiagramsSite DiagramsSite Diagrams• Policies & ProceduresPolicies & ProceduresPolicies & ProceduresPolicies & Procedures• Security Schedules and RoutesSecurity Schedules and RoutesSecurity Schedules and RoutesSecurity Schedules and Routes• Financial StatementsFinancial StatementsFinancial StatementsFinancial Statements• Personal InformationPersonal InformationPersonal InformationPersonal Information

TURNING TRASH TO GOLDTURNING TRASH TO GOLDTURNING TRASH TO GOLDTURNING TRASH TO GOLD

� Bags of trash is brought back to the “war room” for investigationBags of trash is brought back to the “war room” for investigationBags of trash is brought back to the “war room” for investigationBags of trash is brought back to the “war room” for investigation

� Bank statementsBank statementsBank statementsBank statements

� Time sheetsTime sheetsTime sheetsTime sheets

� MemosMemosMemosMemos

� Social Security NumbersSocial Security NumbersSocial Security NumbersSocial Security Numbers

� Dangerous material = Organizers GOLD MINE!Dangerous material = Organizers GOLD MINE!Dangerous material = Organizers GOLD MINE!Dangerous material = Organizers GOLD MINE!

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� Dangerous material = Organizers GOLD MINE!Dangerous material = Organizers GOLD MINE!Dangerous material = Organizers GOLD MINE!Dangerous material = Organizers GOLD MINE!

� Letters to mistress, photos, damaging emailsLetters to mistress, photos, damaging emailsLetters to mistress, photos, damaging emailsLetters to mistress, photos, damaging emails

� In one instance letters were found and mailed to:In one instance letters were found and mailed to:In one instance letters were found and mailed to:In one instance letters were found and mailed to:

� Community LeadersCommunity LeadersCommunity LeadersCommunity Leaders

� Board MembersBoard MembersBoard MembersBoard Members

� EmployeesEmployeesEmployeesEmployees

� WifeWifeWifeWife

� Easy win… If he can’t be “trusted” by his wife, why should the Easy win… If he can’t be “trusted” by his wife, why should the Easy win… If he can’t be “trusted” by his wife, why should the Easy win… If he can’t be “trusted” by his wife, why should the workers trust him!workers trust him!workers trust him!workers trust him!

OBTAINING SIGNATURESOBTAINING SIGNATURESOBTAINING SIGNATURESOBTAINING SIGNATURES

� The law may require 30% but most organizers won’t The law may require 30% but most organizers won’t The law may require 30% but most organizers won’t The law may require 30% but most organizers won’t touch a campaign until 65touch a campaign until 65touch a campaign until 65touch a campaign until 65----70% is inevitable70% is inevitable70% is inevitable70% is inevitable

� Organizers do “swindle” signaturesOrganizers do “swindle” signaturesOrganizers do “swindle” signaturesOrganizers do “swindle” signatures

� Sign in sheets for meetingsSign in sheets for meetingsSign in sheets for meetingsSign in sheets for meetings

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�Name/Address/Phone NumberName/Address/Phone NumberName/Address/Phone NumberName/Address/Phone Number

� IntimidationIntimidationIntimidationIntimidation

� If someone said “no”, I knew where to park my car the If someone said “no”, I knew where to park my car the If someone said “no”, I knew where to park my car the If someone said “no”, I knew where to park my car the next nightnext nightnext nightnext night

� Employee surveysEmployee surveysEmployee surveysEmployee surveys

�Questions crafted to get signaturesQuestions crafted to get signaturesQuestions crafted to get signaturesQuestions crafted to get signatures

SACRIFICING FOR THE “GREATER GOOD”SACRIFICING FOR THE “GREATER GOOD”SACRIFICING FOR THE “GREATER GOOD”SACRIFICING FOR THE “GREATER GOOD”

� A good organizer knows that he must sacrifice employees to create A good organizer knows that he must sacrifice employees to create A good organizer knows that he must sacrifice employees to create A good organizer knows that he must sacrifice employees to create issues.issues.issues.issues.� If an employee knows the “right” answer at a public meeting, he may be If an employee knows the “right” answer at a public meeting, he may be If an employee knows the “right” answer at a public meeting, he may be If an employee knows the “right” answer at a public meeting, he may be

accused of working with management and thrown outaccused of working with management and thrown outaccused of working with management and thrown outaccused of working with management and thrown out� If an employee is seen after work hours with a manager, the union will If an employee is seen after work hours with a manager, the union will If an employee is seen after work hours with a manager, the union will If an employee is seen after work hours with a manager, the union will

make an example of him/hermake an example of him/hermake an example of him/hermake an example of him/her� If an employee makes antiIf an employee makes antiIf an employee makes antiIf an employee makes anti----union statements he will face consequencesunion statements he will face consequencesunion statements he will face consequencesunion statements he will face consequences� If an internal organizing team member is not doing what he/she is If an internal organizing team member is not doing what he/she is If an internal organizing team member is not doing what he/she is If an internal organizing team member is not doing what he/she is

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� If an internal organizing team member is not doing what he/she is If an internal organizing team member is not doing what he/she is If an internal organizing team member is not doing what he/she is If an internal organizing team member is not doing what he/she is asked to do, they are singled out.asked to do, they are singled out.asked to do, they are singled out.asked to do, they are singled out.

� Organizers do this to create emotion, create issues and force the Organizers do this to create emotion, create issues and force the Organizers do this to create emotion, create issues and force the Organizers do this to create emotion, create issues and force the workers to “f ight their own fight”.workers to “f ight their own fight”.workers to “f ight their own fight”.workers to “f ight their own fight”.

� In my organizing days:In my organizing days:In my organizing days:In my organizing days:� I caused lifelong friendships to be fracturedI caused lifelong friendships to be fracturedI caused lifelong friendships to be fracturedI caused lifelong friendships to be fractured� I caused 20 year employees to lose their jobs (voluntarily and I caused 20 year employees to lose their jobs (voluntarily and I caused 20 year employees to lose their jobs (voluntarily and I caused 20 year employees to lose their jobs (voluntarily and

involuntarily)involuntarily)involuntarily)involuntarily)� I caused several divorcesI caused several divorcesI caused several divorcesI caused several divorces

� Did I care?Did I care?Did I care?Did I care?� At the time this was my job… I only cared about WINNING!At the time this was my job… I only cared about WINNING!At the time this was my job… I only cared about WINNING!At the time this was my job… I only cared about WINNING!

WHY UNIONS ARE A BAD IDEAWHY UNIONS ARE A BAD IDEAWHY UNIONS ARE A BAD IDEAWHY UNIONS ARE A BAD IDEA

�Loss of management rightsLoss of management rightsLoss of management rightsLoss of management rights

�Union interference..Stewards, union rightsUnion interference..Stewards, union rightsUnion interference..Stewards, union rightsUnion interference..Stewards, union rights

�“Us vs. them” mentality“Us vs. them” mentality“Us vs. them” mentality“Us vs. them” mentality

�LOSS OF PROFITSLOSS OF PROFITSLOSS OF PROFITSLOSS OF PROFITS

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�LOSS OF PROFITSLOSS OF PROFITSLOSS OF PROFITSLOSS OF PROFITS

�Loss of productivity (management and Loss of productivity (management and Loss of productivity (management and Loss of productivity (management and workers alike)workers alike)workers alike)workers alike)

�Legal battles such as Arbitrations etc.Legal battles such as Arbitrations etc.Legal battles such as Arbitrations etc.Legal battles such as Arbitrations etc.

�Strikes/job actionsStrikes/job actionsStrikes/job actionsStrikes/job actions

U N ION M E M B ERSHIP T O D AY I S L E SS T H A N 7 . 4 % O F T H E P R I VATE U N ION M E M B ERSHIP T O D AY I S L E SS T H A N 7 . 4 % O F T H E P R I VATE U N ION M E M B ERSHIP T O D AY I S L E SS T H A N 7 . 4 % O F T H E P R I VATE U N ION M E M B ERSHIP T O D AY I S L E SS T H A N 7 . 4 % O F T H E P R I VATE W O RKFORCE. A T T H E H E I G HT O F O R G ANI ZED L A B OR, U N I ON W O RKFORCE. A T T H E H E I G HT O F O R G ANI ZED L A B OR, U N I ON W O RKFORCE. A T T H E H E I G HT O F O R G ANI ZED L A B OR, U N I ON W O RKFORCE. A T T H E H E I G HT O F O R G ANI ZED L A B OR, U N I ON

M E M BERSHIP W A S A B O UT 3 7 % .M E M BERSHIP W A S A B O UT 3 7 % .M E M BERSHIP W A S A B O UT 3 7 % .M E M BERSHIP W A S A B O UT 3 7 % .

---- T H ERE I S A R E S ERVOIR O F B E T WEEN 1 0 M I L L ION A N D 1 2 M I L L ION T H ERE I S A R E S ERVOIR O F B E T WEEN 1 0 M I L L ION A N D 1 2 MI L L ION T H ERE I S A R E S ERVOIR O F B E T WEEN 1 0 M I L L ION A N D 1 2 MI L L ION T H ERE I S A R E S ERVOIR O F B E T WEEN 1 0 M I L L ION A N D 1 2 MI L L ION P O TENTIALLY O R G ANI ZAB LE W O R K ERS W H OSE A N T IC IPATED D U ES P O TENTIALLY O R G ANI ZAB LE W O R K ERS W H OSE A N T IC IPATED D U ES P O TENTIALLY O R G ANI ZAB LE W O R K ERS W H OSE A N T IC IPATED D U ES P O TENTIALLY O R G ANI ZAB LE W O R K ERS W H OSE A N T IC IPATED D U ES

A M OUNT T O P E R HAPS A S M U C H A S 5 B I L L ION D O L LARS.A M OUNT T O P E R HAPS A S M U C H A S 5 B I L L ION D O L LARS.A M OUNT T O P E R HAPS A S M U C H A S 5 B I L L ION D O L LARS.A M OUNT T O P E R HAPS A S M U C H A S 5 B I L L ION D O L LARS.

Why are Why are Why are Why are Unions becoming more Unions becoming more Unions becoming more Unions becoming more active? active? active? active?

A M OUNT T O P E R HAPS A S M U C H A S 5 B I L L ION D O L LARS.A M OUNT T O P E R HAPS A S M U C H A S 5 B I L L ION D O L LARS.A M OUNT T O P E R HAPS A S M U C H A S 5 B I L L ION D O L LARS.A M OUNT T O P E R HAPS A S M U C H A S 5 B I L L ION D O L LARS.

---- E ASY A C C ESS T O P U B LIC A N D T O P U B LIC A R EAS ( I . E . , C A F E TERIA, E ASY A C C ESS T O P U B LIC A N D T O P U B LIC A R EAS ( I . E . , C A F E TERIA, E ASY A C C ESS T O P U B LIC A N D T O P U B LIC A R EAS ( I . E . , C A F E TERIA, E ASY A C C ESS T O P U B LIC A N D T O P U B LIC A R EAS ( I . E . , C A F E TERIA, L O B BY, C O M MONS A R E AS) .L O B BY, C O M MONS A R E AS) .L O B BY, C O M MONS A R E AS) .L O B BY, C O M MONS A R E AS) .

---- L ARG E C O N CENTRATION O F N O NL ARG E C O N CENTRATION O F N O NL ARG E C O N CENTRATION O F N O NL ARG E C O N CENTRATION O F N O N ---- UNION E M P LOYEES I N UNION E M P LOYEES I N UNION E M P LOYEES I N UNION E M P LOYEES I N H E ALTHCARE A N D N O N H E A LTHCARE.H E ALTHCARE A N D N O N H E A LTHCARE.H E ALTHCARE A N D N O N H E A LTHCARE.H E ALTHCARE A N D N O N H E A LTHCARE.

---- U N IONS A R E L O S ING M E M B ERSHIP I N T R A DIT IONALLY U N IONIZED U N IONS A R E L O S ING M E M B ERSHIP I N T R A DIT IONALLY U N IONIZED U N IONS A R E L O S ING M E M B ERSHIP I N T R A DIT IONALLY U N IONIZED U N IONS A R E L O S ING M E M B ERSHIP I N T R A DIT IONALLY U N IONIZED I N DUSTRIES ( M F G , T E X T ILES, S T E EL , E T C . ) . I N DUSTRIES ( M F G , T E X T ILES, S T E EL , E T C . ) . I N DUSTRIES ( M F G , T E X T ILES, S T E EL , E T C . ) . I N DUSTRIES ( M F G , T E X T ILES, S T E EL , E T C . ) .

---- UNION ORGANIZING IS ON THE RISE! UNION ORGANIZING IS ON THE RISE! UNION ORGANIZING IS ON THE RISE! UNION ORGANIZING IS ON THE RISE!

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WHAT YOU CAN DOWHAT YOU CAN DOWHAT YOU CAN DOWHAT YOU CAN DO�Preventative measuresPreventative measuresPreventative measuresPreventative measures

�Management trainingManagement trainingManagement trainingManagement training

�Know your workforce (the union does)Know your workforce (the union does)Know your workforce (the union does)Know your workforce (the union does)

�Improve “soft skills”Improve “soft skills”Improve “soft skills”Improve “soft skills”

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�Improve “soft skills”Improve “soft skills”Improve “soft skills”Improve “soft skills”

�CommunicationCommunicationCommunicationCommunication

�Listen (the union will)Listen (the union will)Listen (the union will)Listen (the union will)

�Educate (inoculate)Educate (inoculate)Educate (inoculate)Educate (inoculate)

�InformInformInformInform

PROGRAMS AND EDUCATIONPROGRAMS AND EDUCATIONPROGRAMS AND EDUCATIONPROGRAMS AND EDUCATION

�Union vulnerability assessmentUnion vulnerability assessmentUnion vulnerability assessmentUnion vulnerability assessment

�One on One employee satisfaction surveyOne on One employee satisfaction surveyOne on One employee satisfaction surveyOne on One employee satisfaction survey

�Shared governanceShared governanceShared governanceShared governance

�NLRA trainingNLRA trainingNLRA trainingNLRA training

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�NLRA trainingNLRA trainingNLRA trainingNLRA training

�Policy and Procedure manual reviewPolicy and Procedure manual reviewPolicy and Procedure manual reviewPolicy and Procedure manual review

�Human resource consultingHuman resource consultingHuman resource consultingHuman resource consulting

�Worksite assessmentWorksite assessmentWorksite assessmentWorksite assessment

�Employee relations improvement programsEmployee relations improvement programsEmployee relations improvement programsEmployee relations improvement programs

copyright 2012 confidential & proprietary