Train managers on union-related dos and don'ts

As employers anticipate the new National Labor Relations Act (NLRA) poster they must display as of January 31, 2012, many are wondering how they can counter the pro-union message of this mandatory notification with their own union-free philosophy.

While there are many things you can do to achieve a balance, you'd be wise to start with your company's management.

Your supervisors and managers play a critical role in your business, contributing as much to a cohesive, satisfied workforce as they do to one that’s broken and disgruntled. Qualified, well-trained and supported supervisors go a long way toward keeping your company union-free. But you need to invest in their success.

Now, more than ever, you need to meet regularly with your supervisors to discuss any issues that may be brewing, as well as conduct periodic training workshops that address the latest trends in union organizing, red flags in the workplace and how to lawfully remain union-free. After all, “Union prevention is simply good management in action.”

An important part of any training program is outlining the dos and don’ts of unionizing efforts. Your managers and supervisors must be aware of protected and unprotected employee activity. According to the National Labor Relations Board (NLRB) website, they may not:

•    Prohibit employees from discussing a union during non-work time, or from distributing union literature during non-work time in non-work areas, such as parking lots or break rooms
•    Question employees about their union support or activities in a manner that discourages them from engaging in that activity
•    Fire, demote, transfer, reduce hours or take other adverse action against employees who join or support a union or act with co-workers for mutual aid and protection, or who refuse to engage in such activity
•    Threaten to close their workplace if employees form or join a union
•    Promise or grant promotions, pay raises, or other benefits to discourage or encourage union support
•    Prohibit employees from wearing union hats, buttons, t-shirts, and pins in the workplace except under special circumstances
•    Spy on or videotape peaceful union activities and gatherings

Ideally, your company will never become vulnerable to this level of union interest and activity in the first place. But ensuring that management knows the rules of the game can protect you from additional, costly consequences.

Train managers on union-related dos and don'ts

Latest move from NLRB would clear the path for unionization

First, the National Labor Relations Board (NLRB) proposed a mandatory workplace posting informing employees of their rights to unionize (which we're closely monitoring). Now, the agency would like to make it even easier for employees to unionize, thanks to a proposal that would change some of the organization rules.

In a nutshell, the NLRB's "Notice of Proposed Rulemaking" would give employers and management less time to build a case against organizing, require employers to make employee information (like personal phone numbers and email addresses) available to union officials, and delay the resolution of disputes over which employees can vote in the secret ballot elections.

A press release by the NLRB explains that, "The proposed amendments are intended to reduce unnecessary litigation, streamline pre- and post-election procedures, and facilitate the use of electronic communications and document filing."

What would happen if your employees formed a union? More important, do you have the knowledge you need to help keep unions out of your workplace?

With greater awareness and appropriate action, you can strengthen your anti-unionization position without undermining the rights of your employees. The following strategies can help reinforce your position as a fair employer and eliminate the common causes for employee unionization:

Tip #1: Encourage open communication
Open and clear lines of communication between management and employees are vital. To support an open-door communication policy, you should use meetings, workshops and suggestion boxes to learn about employees’ needs; make appropriate business information available to employees; develop a grievance process to address problems promptly; and communicate your open-door policy via emails, distributed materials and workplace postings.

Tip #2: Conduct an employee attitude survey
Not all employees will be forthright in sharing their frustrations with management. Conducting an employee attitude survey is an ideal way to capture employee opinions in a safe and non-threatening manner. Break the survey into sections (such as “working conditions” and “company culture”), set up the survey in a format you can easily administer, compile the results quickly and discuss the results among company management.

Tip #3: Train and support your supervisory personnel
Qualified, well-trained supervisors and managers go a long way toward keeping a company union-free. Invest in their success by meeting regularly to discuss any issues that may be brewing, as well as conducting periodic training workshops that address the latest trends in union organizing and the dos and don’ts of unionizing efforts.

Tip #4: Review company policy regarding solicitation, distribution and access
You may prohibit employee solicitation and distribution of pro-union literature during working time and in work areas. In most cases, you can also prohibit non-employee union representatives from conducting business on company property. The key to avoiding any legal complications regarding these rules is to put them in writing via company policy – and prior to the onset of a union organizing campaign.

Tip #5: Offer competitive wages and benefits
Non-competitive wages and meager benefits are some of the biggest sources of employee discontent and in turn, contributors to union-organizing activity. After considering your industry and geographic location, you should conduct periodic wage and benefit surveys to make sure you’re in line with recognized standards. Consider cost-of-living adjustments, medical care benefits, paid time off, and profit-sharing and employee stock options.

Tip #6: Resolve employee disputes promptly
In addition to giving employees multiple channels for voicing their frustrations, you need to develop clear-cut procedures for resolving their concerns. This may involve a peer review group that meets on a regular basis, appointing an intermediary to investigate more serious complaints and conducting regular training on conflict management principles.

Latest move from NLRB would clear the path for unionization

How to prevent unions from gaining a foothold in your workplace

The National Labor Relations Board (NLRB) has proposed a rule that would require all private employers to post a notice informing employees of their National Labor Relations Act (NLRA) rights. Simply put, the new workplace poster would communicate to employees their right to unionize under federal law.

And that’s just the tip of the iceberg. Unionization is a hot topic in the news right now, as we witnessed in the recent showdown in Wisconsin. State legislators asserted that the bill was necessary to reduce budget shortfalls, while public workers fought vigorously to preserve their collective bargaining privileges.

Although union membership is on the decline (falling to 11.9 percent of the nation’s workforce in 2010 and representing approximately 14.7 million employees), the events in Wisconsin highlighted the divide between workers, legislators and businesses regarding union activity.

As a responsible employer, what can you do to foster an environment where your employers feel respected and well-treated – and as a result, aren’t as vulnerable to unionization?

Strategy #1: Encourage Honest, Open Communication
Employees typically join unions because they’re dissatisfied with how management treats them, and they believe a union can improve conditions in the workplace. If your company is viewed as unfair or unresponsive to employees’ concerns, you’re opening an unwanted door to possible unionization.

That’s why clear and constructive lines of communication between management and employees are so important. To support an open-door communication policy, you should:

• Use meetings, workshops, bulletin boards and suggestion boxes to learn about employees’ needs and concerns
• Conduct a workplace survey to identify employee views on management, company culture and general working conditions
• Make appropriate information available to employees to avoid unnecessary speculation about the company’s position, financial standing or business objectives
• Allow employees to discuss wages, benefits and other working conditions with their coworkers, which the NLRA considers “concerted protected activity”
• Promote your open-door policy – and encourage employees to voice their concerns directly with management - through emails, distributed materials and even workplace postings, like our attorney-approved “You Have a Voice” poster

Strategy #2: Scrutinize Compensation and Other Benefits
Certainly, the economic recession has created a lot of budgetary belt-tightening for businesses. But no matter how tough the times, denying employees fair wages is a recipe for disaster. Now, more than ever, you want to be confident you’re compensating your workers fairly and setting wages at or above industry levels. Similarly, you want to check that you’re being consistent about the criteria used to determine wages, such as length of service and experience.

This is a good time to track other benefits related to your industry. In addition to decent pay, providing a robust benefits package can lead to more satisfied employees. Consider distributing a statement to each of your employees that summarizes the various benefits (both the obvious and the more subtle) he or she enjoys by working for your company.

Strategy #3: Train Supervisors on Proper Attitudes and Actions
Because your supervisors and managers are on the “front lines” in the workplace, it’s important to train them on how to address employee concerns and support open communication. Guide them on the skills they need to diffuse issues and resolve conflicts in their day-to-day interactions with employees.

At the same time, be careful about enforcing company policies fairly and uniformly. Employees are more likely to form a union if they feel their leaders take sides and treat certain individuals better than others. As an added precaution, carefully document any disciplinary actions to demonstrate compliance and appropriate response to the situation.

How to prevent unions from gaining a foothold in your workplace