Dealing with Labor Unions

How would you feel if I came into your home and told you how to treat your wife and how to discipline your children?  You would probably want to throw me out and tell me to mind my own business.  That’s how it feels when a labor union tries to influence your employees.  One of the greatest aspects of owning a business is that it’s all yours and you get to do whatever you want without having to take orders from a boss.  When a union comes in, all of that could change.  It’s a very scary experience for a business owner.

Many years ago, unions served a very valuable purpose in protecting employees from ruthless employers.  Unfortunately, over the course of time, many unions have become corrupt and their mission has become somewhat skewed.  From a business owner’s perspective, we all believe that if an employee isn’t happy working for our company, they should quit and work somewhere else.  However, many employees feel that their workplace somehow belongs to them in some way and no matter how much management does for them, they will always want more.

The first thing a business owner should do if a union is attempting to organize is to immediately hire an attorney that specializes in labor law.  Your regular corporate lawyer may not be versed in all of the cunning ways in which unions can create problems for businesses.  Your first instinct may be to lash out at your employees for their attempt to unionize.  However, there could be some legal ramifications for penalizing employees for this reason.  From the moment a union enters the picture, every action of the business owner and your management team will be scrutinized.

Unions know exactly what the law allows them to get away with.  Conversely, they also know precisely what business owners and management are not permitted to do.  If you, as the employer, cross the line, or even appear to have crossed the line, the union will make your life miserable and drag you into court to be heard in front of the National Labor Relations Board.  Therefore, your lawyer must inform you exactly what the NLRB considers to be acceptable and unacceptable tactics in handling your employee’s interest in unionizing.

The union’s motive is to collect dues from your employees.  That’s how they make money.  It will be the union’s burden to make the employees believe that they will be able to get the company to give them more than their dues are worth.  Your employees will be easily pursued by the union because they will be made to feel as if they now have someone on their side who will make things better for them.  It will be your burden as the business owner to show the employees that not only is unionizing unnecessary, but it could be detrimental.

In order for a union to represent your employees, there must be a vote.  The union will petition the NLRB to conduct an election and your employees will decide whether or not they want the union to represent them.  In the time leading up to the election, you must lobby against the union to show your employees that unionizing will not benefit them the way the union is attempting to make them believe.

You may need to make some changes in how you operate your business.  Something has lead your employees to the point of considering a union.  There’s nothing wrong with asking your employees why they feel unionizing would benefit them.  Depending on how they answer, you can try to offer your employees solutions without the union’s involvement.  This will prevent your employees from having to pay union dues and it will prevent you from having to worry about union interference.

If this doesn’t work, you must figure alternate measures.  For example, institute an open-door policy if you don’t already have one.  Let employees know that you are approachable.  Encourage them to come to you if they’re not happy about some aspect of their work experience.  Sometimes employees favor a union because they don’t believe they have any say about what goes on in their workplace.  Sometimes the small things can go a long way.  Another example could be a suggestion box which offers some level of anonymity if they don’t feel comfortable approaching you directly.  Let your employees know that you are willing to make an effort to make them happy.

Hold regular meetings with your employees to specifically to discuss the union.  It is important that you don’t fire or reprimand any employees for their interest in the union.  The NLRB considers this to be illegal behavior.  However, you can delineate the reasons why you feel the union would make things worse.  For example, make them aware that as the business owner, you are not legally obligated to agree to any of the bargaining terms that the union suggests.  Make them aware that if the union decides to go on strike, they will have no choice other than to comply with the union.  If they don’t, the union can legally penalize them.

Many employees are not aware of all the harmful aspects of a strike.  Make them aware that they will not be paid for the entire time of the strike.  Inform them of how the strike will negatively affect the company.  Make them realize that during the strike, the company has the legal right to hire replacement employees who will occupy their job in their absence.  Remind them that the union will not represent them for free.  The company does not pay for the union’s services, the employees do.

Unions have a “divide and conquer” approach that will undoubtedly create animosity between employees and management.  It is possible to remove or decertify a union once they’re in but that would have to be a decision made by your employees if they feel that the union’s existence is not good for them.  Just as the union knows exactly what you as the employer are not permitted to do, you must also know what lines are that they cannot cross.  Your lawyer can help you with that.

Each union has their own ways about them.  Some are more hostile than others.  If you feel a particular union is about to invade your company and you anticipate an adversarial relationship with them, you can try to block them from getting into your company by voluntarily inviting a less hostile, more cooperative union in.  That is a strategic move that is best discussed with your attorney.

Dealing with labor unions can be very difficult but plenty of companies coexist with unions and continue to conduct business.  You may not be able to stop a union from getting in.  If they do find their way into your business and are actively representing your employees, you have to figure out a way to work harmoniously with them otherwise they will make you job exponentially more difficult.

For more information about dealing with labor unions, contact Ashlar Consulting Corporation at 305-849-9399 or visit www.AshlarConsultingCorp.com.