The Road to Unionization
Question: With union activity increasing across the country, I’m curious about the things that organizations and managers should be aware of, especially when it comes to union organizing activity. What’s does the organizing process involve, and what can and can’t managers do?
Response: A unionized workforce means that the employees have chosen and authorized a single entity to be their voice—to represent them—to management.
To determine if there is sufficient interest, the union has employees sign authorization cards to indicate they want a union. At least 30% of eligible employees in a prospective bargaining unit must sign the authorization cards before a secret ballot election can be ordered by the National Labor Relations Board. If there is documentation that a majority of the employees want a union (i.e. 50% plus 1 signed the cards), the union can demand, or the employer can agree to, voluntary recognition without an election.
Caution: There are many potential legal pitfalls involved in the process. If you suspect employees are interested in a union, before doing anything else, get legal advice from attorneys with backgrounds in union organizing and labor relations as soon as possible.
What can managers say during an organizing and election process if they oppose the union? They can do the following (remember FOE):
Present Facts, such as discussing the requirement for employees to pay dues, explaining how the union operates, and providing a comparison of current benefits to the industry standards.
Offer Opinions, such as discussing why you don’t think the union is right for the workforce because it comes between the workers and management, that everything involving terms and conditions of employment must go through the union, and that individual needs may be overlooked.
Provide Examples such as true examples of how a certain union promised certain things to employees, but never delivered on those promises.
All of this can be your allowable communication strategy, but be sure you are working closely with legal counsel about the message and the means of communication. The message can be delivered via:
Town hall meetings
Videos posted on the website
Letters sent to the employees’ homes or emails
Postings in break rooms or common areas
One-on-one meetings
If an organizing campaign is in progress, managers should avoid taking actions that could be considered an unfair labor practice. These actions (remember TIPS) include:
Threats: claiming or implying the union will lower wages and force the organization to take away benefits and opportunities
Interrogation: asking employees about union activities
Promises: suggesting benefits such as salary increases if employees vote against a union or refrain from union activities
Spying: eavesdropping on conversations
Avoid any actions that could be retaliation or perceived as retaliatory. To ensure that managers don’t inadvertently have a misstep, provide training about the organizing process along with what they can and can’t say and do. This is another area where you should rely on legal counsel for guidance and support.
Of course, the best way to avoid union organizing campaigns is to have an environment and culture built on trust and transparency. The more open and candid you are with staff, the more information you share about the reasons behind decisions, the less likely employees will think they need a union to represent their interests.
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