By Stephen M. Bernstein, partner of Fisher & Phillips, LLP from his presentation at the 2011 National Employment Law Update.
Early Warning Signs:
- Employees unusually busy and excited
- Group stops talking or breaks up when supervisor approaches
- Employees request information about policies & benefits
- Employees’ behavior, attitudes, attendance or work changes
- A new “spokesperson” emerges
- Attempts to defy or irritate supervisor
- Strangers appear outside the premises
- Literature, buttons, shirts, cards
- Employees who typically talk to supervisors no longer do so
- Increased turnover among high performers
- Employees questioning managerial authority
- Change in nature/frequency of employee complaints
- Increase in argumentative questions at meetings
- Increase in unauthorized “group” complaints
- Employees seem increasingly divided
Common reasons employees turn to a union to organize their workplace:
- Failure to solve employee problems
- Poor communications (up and down)
- Inattention to safety concerns
- Perceptions of unfair treatment
- Broken promises
- Lack of courtesy, respect and recognition
- Feelings of job in-security
- Not keeping pay & benefits competitive
- Rapid changes
- Staffing shortages
- Workload/work pace
- Overtime/scheduling
- Multiplicity of projects
- Loss of jobs
What Can Employers Do To Oppose Unionization Of Employees?
Although there are restrictions, employers may:
- Exercise their “free speech rights” to tell employees of risks of unionization
- Exercise these rights in a card-signing drive and after a petition for election has been filed
- Managers can always state facts, opinions and examples.
The only statements and actions which you may not say or do are TIPS:
- Threaten
- Interrogate
- Promise
- Spy
What to Do
- Train managers to report all signs
- Consistently practice good, solid, fair employee relations program with follow up
The Significance of Authorization Cards
There is confusion surrounding the use of authorization cards in union organizing, Bernstein notes, on the part of employers and employees. Authorization cards, he says:
- Are generally required for unions to take over employee rights
- Are the focus of the organizing drive
- Indicate that employees want the union to represent them in all matters related to wages, hours and working conditions
- Act like a “blank check” or a “power of attorney”
- Are good for one year from the date signed
- Once signed, are not easily revoked
- Under current law, can be used to file a petition for an election with the Labor Board
