Rick RoderickCross, Gunter, Witherspoon &

Galchus, P. C.500 President Clinton Avenue, Suite

200Little Rock, Arkansas 72201

(501) 371-9999 rroderick@cgwg.com

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FRONTLINE SUPERVISOR SEMINAR

NORTHEAST ARKANSAS SHRM

UNION AVOIDANCEJonesboro, Arkansas

August 9, 2011

IMPORTANT QUESTIONS!

Do you understand the implications of having a union?

Is having a union really THAT big of a deal?

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Having a Union Means:

Loss of business control – cannot change working conditions without first negotiating with the union.

You lose authority – the contract restricts you.

Loss of flexibility – must abide by the contract.

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Having a Union Means:

Adversarial relationships – union makes YOU the enemy.

Supervision against the employees. Grievance meetings – take time

away from work.

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Having a Union Means:

Paperwork – will increase with need for documenting everything, grievances, etc.

Loss of good employees – good ones won’t put up with the problems. Want to be treated on individual merits.

Restricted communication – the law requires the union be recognized as the voice of the employees.

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Having a Union Means:

Increased costs and lost productivity – estimate at least 10-15% increase in cost with a union.

Strikes, work stoppages, and interruptions. Where there are no unions, there are no

strikes. Where there are unions, there are

strikes.

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Common Reasons for Unionization

1. Ignoring requests and complaint.2. Surly, hard-boiled, or “rough”

supervision.3. Lack of human, sympathetic,

interest in employees.4. Disciplining employees in front of

others.5. Failure to keep promises.

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Common Reasons for Unionization

6. Use of threats.7. Complicated wage payment

systems or unexplained pay shortages.

8. Inadequate instructions, leading to mistakes.

9. Unguarded work hazards.10. Ignoring or repelling suggestions.

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Common Reasons for Unionization

11.Blaming employees unfairly.12.Favoritism.13.Giving orders without giving

reasons.14.Poor planning which interrupts work

accomplishment and cuts earnings.15.Setting up too many rules and

regulations.

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Common Reasons for Unionization

16.Unequal distribution of overtime; unequal pay for equal service.

17.Penalizing workers for conditions beyond their control.

18.Failure to promote from within.19.Putting employees on jobs for which

they are not suited.

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Common Reasons for Unionization

It’s often not about money.

It’s about treatment of

employees.

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What Employees Think

Do you know? Are you sure? Always ask yourself, what do

the employees think about their job, working conditions, management, etc. ?

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Little Things Bring Big Results

It’s a different world, and the little things count: Greet employees each day Call employees by name Ask employees for advice or

opinions On occasion, talk about things

NOT related to work

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Little Things Bring Big Results

- Know about their families- Have a positive attitude- Recognize effort- Reward in public- Never embarrass employees- Counsel in private

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Little Things Bring Big Results

- Don’t be afraid to smile- Protect confidentiality- Be humble- Make employees a part of the team- Be trustworthy- Communicate

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You ARE the Company to the employees….

Are you doing all these things?

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POSITIVE EMPLOYEE RELATIONS

IS UNION AVOIDANCE!

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National Labor Relations Act

Protects employee rights to organize To engage in union organizing and

collectively bargain Strong language to protect

employees Cannot discriminate

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Union Cards

What are they? Cards employees sign requesting a

union represent them 30% needed for election petition Take action before union cards Union could take months to solicit

enough union cards

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Union Election Union takes cards to National Labor

Relations Board (NLRB) Need only 30% NLRB writes company with petition for

election Election date set within 42 days NLRB conducts election Secret ballot Majority of who votes wins

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Union Organizing

Primarily two approaches used:1. Slow, methodical, calculated

approach. Works from inside. Takes time.

2. “Blitz” campaign. Quick. Fast. Never see it coming.

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Union Organizing

1. Slow, steady, calculated approach• Strategic• Union “Salts”• Infiltrates the workplace• Studies policies, practices, issues,

etc.• Dissects the plant and company• Finds the problem areas

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Union Organizing

1. Slow, steady, calculated approach• Gathers support

•Works in secret•Takes time•May take weeks or even months

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Union Organizing

2. “Blitz” campaign Never see it coming Usually done over a weekend or 3

day holiday weekend Sets up shop at a nearby hotel Professional sales people used They “sell” the union

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Some Signs of Union Organizing

You see an employee writing down the names of people in the department by copying from the time clock cards.

Groups of employee suddenly stop talking when you approach.

You see small groups of employees in unusual gathering places.

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Some Signs of Union Organizing

Employees from separate departments of different job levels begin meeting.

You note new groups being formed with new informal leaders.

Employees begin hanging around breakroom and parking lot before/after work.

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Some Signs of Union Organizing

During breaks or lunch periods you notice unusual, intense conversation or activity.

Employees start leaving the premises for lunch or are absent from customary social get-togethers.

People seem to be going to restrooms much more frequently than in the past.

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Some Signs of Union Organizing

Employees who are normally friendly and talkative become quiet and uncommunicative.

Employees avoid being seen with you.

Friendly conversation with employees becomes unpleasant.

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Some Signs of Union Organizing

A former employee is showing up before or after regular working hours and talks with former friends and employees.

Strangers appear on the premises or in work areas.

The nature of rumors on the grapevine changes drastically or the grapevine shuts down.

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Some Signs of Union Organizing

The nature of employee complaints changes and the frequency increases.

Complaints begin being made by a delegation, not single employees.

Some employees become much more militant and start demanding their rights.

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Some Signs of Union Organizing

There is a noticeable increase in the questions raised about rules, policies, practices, benefits, etc.

A surge of anti-company graffiti appears on the walls of restrooms, locker rooms, cafeterias, etc.

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Some Signs of Union Organizing

Down-to-earth employees suddenly develop social consciousness or begin using words associated with group activity.

A previously popular employee suddenly becomes unpopular and is needled by co-workers.

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Some Signs of Union Organizing

Good workers begin doing poor work or poor workers begin doing good work.

Union cards!

Union Cards

If employer verifies that the union has signed cards from a majority of employees in an appropriate bargaining unit, the union becomes the legal bargaining representative for all employees ….

WITHOUT AN ELECTION!

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Union Cards

Do not look at any material offered by the union, especially signed authorization cards.

Do not open a letter from a union, particularly if it is thick and may contain authorization cards.

If such a letter is opened, do not look at the cards.

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Union Cards

Have another member of management present as a witness.

Respond to the union in writing or in person by saying “I have a good faith doubt that your union represents an uncoerced majority of my employees in an appropriate bargaining unit and I insist on the holding of a properly conducted secret ballot election administered by the NLRB before recognizing your union as their bargaining representative.”

Contact your lawyer. 37

Supervisors Supervisors are exempt from coverage

under the National Labor Relations Act Supervisors are not eligible to vote in a

union election Supervisors are your best resource to

communicate with your employees Companies are liable for Unfair Labor

Practices committed by supervisor Supervisors can be terminated for

disloyalty

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So, what should I do? Know for sure who your supervisors are Learn to spot things, little things, that

employees do and say Use good management practices, good

human resources management Stop it before it starts! Be proactive! Make union avoidance part of your

management strategy

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What To Do Know Employee Sentiment

Employee satisfaction is the number one step you can take to avoid unionization.

Knowing the mood of your employees and what issues to work on now, before they are contacted by a union organizer, is absolutely critical.

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What To DoKnow Employee Sentiment

How do you get information and input from employees?

Talk to them! Individual meetings – never miss an

opportunity Group meetings Employee satisfaction survey

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What To Do

Get information Too many times, management taken

by surprise Talk to people Get out of your office – ROAM

AROUND Listen ID issues – seek resolutions Be proactive

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What To DoTrain Your Supervisors!

Supervisors must understand their role as management

Supervisors must understand how to deal with union organizing

Supervisors must understand the basis of the National Labor Relations Act, the do’s and don’t’s to avoid Unfair Labor Practice Charges

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What To DoTrain Your Supervisors

Supervisors must know what they can say and when to say it

Supervisors must understand they are on the management team and must know the company’s expectations to stay union free

So, train your supervisors!

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What To DoEducate Employees

Be prepared to educate your employees

Depends on your employee relations and work environment

Be prepared to explain to employees the cost of unions, such as dues

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What To DoEducate Employees

Be prepared to educate employees on what they can do when confronted with a union organizer or employee who wants them to sign a union authorization card

It is important that your employees know the facts when faced with an authorization card

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T – I – P - S

T means threaten I means interrogate p means promise s means spy

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REMEMBER ………..

POSITIVE EMPLOYEE RELATIONS

IS UNION AVOIDANCE!

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HEADS UP!

WATCH OUT FOR CHANGING LABOR LAWS

COMING OUT OF WASHINGTON, D.C.!

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THANK YOU!

Cross, Gunter, Witherspoon and Galchus, P.C.

Offices in Little Rock – Fort Smith – NW Arkansas

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