Union Organizing and Representation Campaigns

wordle11_Custom.jpgAn employer's right to operate union free carries with it the responsibility to manage in such a way as to make unions irrelevant. Employers must provide competitive wages and benefits; recognize and reward individual achievement and merit; promote open, honest and direct communications with the workforce, and treat employees fairly – with dignity and respect. In other words, operating union-free requires a commitment to positive and preventive employee relations.

In addition, employers must be prepared to respond to union organizing by every legal means at their disposal.

Based on that philosophy, at John F. Bowen LTD, we assist clients who want to remain union-free to develop and implement a comprehensive three part union avoidance strategy: Prevention, Preparation, and Response

PREVENTION: IMPLEMENT PROACTIVE EMPLOYEE RELATIONS MEASURES

  • Protect the workplace with lawful policies and procedures.
  • Employee relations training for managers and supervisors 
    • Early recognition of organizing activity.
    • Knowing what to do and what not to do.
    • Focusing on what employers can do, should do, and must do to remain union-free.
  • Proactive Communications - promoting open, honest, and direct communication between management and employees.
  • Concern Management – don't let employee concerns become "organizing issues."
  • Develop a focus on "employee engagement" (a step beyond "employee satisfaction").

PREPARATION

  • Developing a comprehensive pre-campaign strategy to counter "blitz organizing" and the quick "lightning strike" campaign.
  • Establish and train a "rapid response" team to address any potential union organizing activity
  • Implement "salting defense" strategies to protect the workplace.
  • Strategic analysis of vulnerabilities to specific organizing tactics based on industry and geographical specifics.
  • Implement defenses against aggressive union "corporate campaign" tactics.

RESPONSE: COUNTERING UNION ORGANIZING TACTICS

  • Effective election campaign development and management
  • De-unionization tactics
    • Lawful union decertification and deauthorization
  • Campaign litigation before the NLRB