All companies wishing to remain union free must have some form of union prevention strategy. However, this strategy does not come in a “one size fits all” program. There are many factors, both internal and external, that are used to gauge the level of “union threat” in companies, and understanding this will give management a better idea of what type of union prevention venue should be in place.
Pre-assessment: basics
Before you begin, it’s important to lay the groundwork for avoiding unionization. A 3 part approach will cover the basics. The first of these is for your newest employees. A direct explanation of the company’s union-free philosophy should be a permanent part of the employee handbook and should be communicated from day one in a powerful but not harsh manner.
Second, also on the policy side, but for current employees, consider developing a legal no-solicitation/no-post policy that covers all electronic and print materials. Be sure to consult legal counsel about the best wording for these policies, but educational information is available online.
The third leg of this basic foundation is to make sure that supervisors and managers have been educated about the legal tactics of union avoidance.
Union vulnerability assessment
With this 3-part foundation established, a more comprehensive vulnerability assessment can be performed. Start with five key areas: employees, geography, industry, local factors, and corporate concerns. You can rate these areas on a 10-point scale, with “1” being low risk and “10” being an area where serious and immediate attention is needed.
1) Employee concerns. Positioning the company as an “employer of choice” can be an important component of an effective union avoidance strategy. It’s important to know what employees believe are the company’s key issues (not just wages, but also job security, health care, etc.) and how you’ve responded to them. One way to get an accurate indicator is anonymous employee surveys; an open and frank ongoing dialogue with direct supervisors is also a powerful tool.
2) Rent, rent, rent. Geographic diversity and number of locations are also factors to consider. Different factors can affect different locations, making some locations more prone to unionization than others. Understand the pro-union or anti-union culture of each zone, and research statistics on organizing and unionization. In many companies, there are places where union and non-union employees work side by side. This can make non-union employees much more amenable to organizing, whether or not it is in their best interests, as unionized employees will see the potential for strength in adding members.
3) Industry wisdom. Of course, certain industries are more prone to unionization than others. Organized labor has publicly announced that its current plans include organizing workers in health, construction, and transportation. But even that is evolving to include highly visible fast food industry organizing campaigns. A generation ago, the industries most likely to unionize were manufacturing or auto parts, but that effort has apparently come to an end. Today, becoming a target may have more to do with the standard of living within an industry: Low-paid, low-skill workers are the most likely to support unions and their promises.
4) The local level. Know which unions are prevalent locally (not just in relevant industries, as almost all unions currently hire outside their primary specialty). Local unions often outline their playbook on their website or at least post key documents and information that provide insight into the specific areas and even list local businesses. Get to know the local union well: its finances, membership, local corruption cases, and any other information that can help clarify the truth if the need arises.
5) The big picture. Corporate campaigns, when unions engage in all media, public relations, and public campaigns to pressure a company to unionize, are becoming more common. Union organizers will investigate public records, including laws filed by employees (or former employees), FLSA or safety violations, going as far as organizing protests and calling out religious and community leaders as a way to spearhead their campaign of organization. The more offenses or weaknesses they can unearth, the sooner the target company is likely to relent, even without the consent of the employees. But because corporate campaigns are costly and time consuming, unions often call for a neutrality agreement instead. Under a neutrality agreement, the companies agree to allow a union access to employees without interference in exchange for the company’s name not being damaged in the court of public opinion.
Development of a personalized union prevention strategy
After evaluating these 5 key areas, it’s time to develop a custom union avoidance strategy and the communication plan to put that strategy into action.
5-10 points: Low risk. If the assessment shows high employee morale, little or no union interest, and no union presence in the area, then the company can be considered to be at low risk of unionization. Do not assume that at the low risk level there is no need to take action. The truth is essentially the opposite. Unions have long been very successful with unsuspecting companies, who just don’t talk to their employees, assuming all is well.
Low risk simply means that the strategies (or luck) are working today, not necessarily that they will continue to work tomorrow. Provide supervisors with effective training in labor and employee relations. Have your labor and employment attorney review the employee handbook for legal compliance and maximum union-prevention effectiveness, and review state and local laws. Complete the preliminary investigation on any union that may be a threat. While it may seem counterintuitive, it’s also vital to start communicating directly with employees about the company’s union-free philosophy. This communication should include an introductory “labor relations 101” video (for new employees and current employees) that explains the company’s union-free philosophy and the reasons behind it.
11-20 points: Moderate risk. In the moderate risk stage, businesses have employees who are in a union-friendly demographic, there is often evidence of union interest in the facility, and unions are present in the immediate area. At this point, more aggressive strategies are necessary. Comprehensive role-play-based training of supervisors on legal methods to dispel union propaganda is vital. As for employees, review any issues that have arisen and immediately address all legitimate concerns. This would probably mean looking carefully at the terms and conditions of employment. Education campaigns must also continue. A card signing video could be used to dispel union myths and explain the dangers of signing a union authorization card. At this point, it may also be necessary to develop a web presence, such as an employee-focused website to reach beyond the company and into the homes of employees. A website is also a powerful and effective resource to counteract the online organization that is undoubtedly taking place.
21-50 points: High risk. If you are in the high-risk zone, danger signs include low employee morale and a strong union presence within the area, and may include card-signing activity and immediately obvious union organizing activity. Legal advice is strongly recommended on this point, as all union prevention measures must be carried out within the confines of the NLRB rules. Direct communication with employees is vital and should take the form that employees expect based on previous communication: personal contact, meetings, videos, websites, letters, and newsletters. This communication strategy should be devised immediately, starting with a custom-developed role-play video to bring issues to light, adding a campaign-specific web presence for employees, and implementing training resources on topics like organizing, negotiating , job security. and strikes.