1. Unions: Living With and
Without Them
Presented By:
Mark R. Adams, SPHR

2. Agenda
 Understanding what the union organizers look for in potential
targets
 Gauging employees' current satisfaction with the organization
 Reviewing policies and procedures you should have
 Assessing the impact of your supervisors/managers
 Recognizing the signs that a campaign may be underway.
 Supervisory do’s and don’ts
 Supervisory/Management behaviors

3. Vulnerability – Who Is a Target?

4. Vulnerability – Who Is a Target?
Everyone is a target….
 Unions are businesses
 Unions will organize
ANYONE.
 Economic landscape is
used to their advantage
 Some industries more pre-
disposed than others.

5. Vulnerability – Are YOU a Target?
Are some bigger targets
than others?
FY 2009 Union Win Rates:
 Health Care = 70.1%
 Admin. Support Services =
81.7%
 Prof./Scientific/Tech.
Services = 51.5%
 Manufacturing = 45.1%
Source: National Labor Relations Board

6. What Are Unions Targeting?
Unions target employee whom they can
motivate to join a union based on
non-economic/social as well as
financial factors such as:
1. Wages
2. Ineffective Management
3. Family, Education, etc.
4. Insecurity
5. Change
Unions will tailor their organizing strategy
based on initial feedback and
research from employees.

7. Question of the Day
What is a union’s win rate when compensation
is the main issue?
33%
Source: Proskauer & Rose LLP

8. Question of the Day
What is a union’s win rate when working
conditions and fairness were the main
issue?
__%

9. Question of the Day
What is a union’s win rate when working
conditions and fairness were the main
issue?
69%
Source: Proskauer & Rose LLP

10. Main Reasons for Organizing
Respect and employee satisfaction with an
organization play a more pivotal role than
compensation when it comes to successful
union organizing efforts.

11. Main Reasons for Organizing
Specific examples that drive union interest:
 Claims of unfair or inconsistent treatment
 Lack of written rules and policies
 Policies, procedures and practices are not
understood
 Rules are inconsistently enforced
 Lack of documentation
 Failure to provide competent leadership
 Lack of recognition and appreciation
 Lack of communication

12. Main Reasons for Organizing
Specific examples that drive union interest:
 Lack of employee participation
 Employees not feeling part of the team
 Perceived inequity in pay and benefits
 Lack of positive perception of employer
 Failure to recognize seniority
 Neglect of safety or hygiene matters
 Fear regarding job security
 Failure of management to follow through with
promises

13. Gauging Employee Satisfaction
Questions to consider on employee satisfaction….
Policy-related questions:
 Are your policies consistently applied?
 Are your policies consistently communicated?
 Are your policies updated and documented?
 Are your policies “fair”?

14. Gauging Employee Satisfaction
Questions to consider on employee satisfaction….
Managerial-related questions:
 Are employees properly trained for their job?
 Are performance reviews done consistently? On-time?
 Is exceptional performance recognized?
 Is pay based on merit?
 Is underperformance identified and responsively dealt with?
 Are employees treated fairly?
 Does management actively investigate and/or respond to
employee requests and concerns?

15. Gauging Employee Satisfaction
Questions to consider on employee satisfaction….
Communication-related questions:
 Are staff meetings held? Employee’s role?
 How accountable is management to employees?
 Taking responsibility for bad decisions or actions as well as
good ones?
 Explain actions to employees for important or unpopular
decisions? (not just what was done but why?)
 Have you done an employee opinion survey within the last 12
months? If so, did you follow-up on recommended changes?
 Are language barriers overcome in communicating policies,
benefits, performance reviews and conveying management
expectations?
 Are you engaging in open dialogue about company’s position on
unions?

16. Gauging Employee Satisfaction
Questions to consider on employee satisfaction….
Training-related questions:
 Are employees properly trained for their job?
Other questions:
• Does management take pro-active role in explaining benefits
and enrolling employees into benefit programs?

17. Policies and Procedures
The policies and procedures that your company adopts
play a pivotal role in how employees view your
organization.
Do you have the following policies in your handbook?:
 Union-Free/Employee Relations Policy
 Solicitation/Distribution Policy
 Outside Employment Policy
 Bulletin Board Policy
 Open Door Policy
 Progressive Discipline Policy
 Dispute Resolution Policy

18. Policies and Procedures
Union-Free/Employee Relations Policy:
 Pro-actively convey company philosophy of how
employees are to be treated by company
 Company’s responsibility in positioning employees to
succeed in their jobs
 Define company’s viewpoint on unions.

19. Policies and Procedures
Union-Free/Employee Relations Policy:
Specific elements:
 Not anti-union – be pro-employee
 Prefer to deal with employees as individuals – listen
to problems and resolve their grievances on an
individual basis
 Would to be able to continue to recognize them for
individual contributions and reward them for own
performance

20. Policies and Procedures
Union-Free/Employee Relations Policy:
Specific elements:
 Not anti-union – be pro-employee
 Prefer to deal with employees as individuals – listen
to problems and resolve their grievances on an
individual basis
 Would to be able to continue to recognize them for
individual contributions and reward them for own
performance

21. Policies and Procedures
Union-Free/Employee Relations Policy:
Specific elements:
 Business – success has been based on your ability to
meet or exceed your customer requirements
 If you continue to grow and provide opportunities
must maintain flexibility to respond instantly to
changes in customer demands

22. Policies and Procedures
Union-Free/Employee Relations Policy:
Specific elements:
 Must be able to change quickly, better and more cost-
effectively than your competition
 Motivation to produce quality products is higher in a
non-unionized environment
 Employees should know that the authorization cards
are legally binding

23. Policies and Procedures
Solicitation/Distribution Policy:
 Is it compliant?
 Does it define when solicitations and/or distributions
are permitted and prohibited?
 Does management commit to applying the policy
fairly and consistently?

24. Policies and Procedures
Outside Employment Policy:
 Does it balance company and personal interests or
needs?
 Is it clear?
 Does it provide for open dialogue to evaluate
situations before company action is taken?

25. Policies and Procedures
Bulletin Policy:
 Do you prohibit all employee postings and reserve for
company purposes only?
or….
 Do you permit employee postings on a board?

26. Policies and Procedures
Open Door Policy:
 Do you provide employees with an open channel to
HR or other top management to discuss their issues
or concerns?
 Do you provide employees with opportunities to take
advantage of this mechanism without postings on a
board?

27. Policies and Procedures
Progressive Discipline Policy:
 Does the policy provide for ample steps to allow for
employees to change their behavior?
 Are the steps clearly defined?
 Are the steps fair in their application?
 Is documentation developed in implementing policy
clearly developed and communicated?

28. Assessing Supervisory Impact
Internal data sources:
 Employee Opinion Surveys
 Focus Groups
 360 Degree Assessments
 Supervisory Assessments
made by top management/HR

29. Assessing Supervisory Impact
Formal outreach:
 With organization via
employee opinion surveys
 With supervisors via 360
degree assessments
Pitfalls:
 Defining expectation of
change
 Timing of delivery.

30. AFL-CIO Organizing Survey
 PERSONAL CONTACT IS THE MOST
EFFECTIVE MEANS OF ORGANIZING
 House Calls: 78% win rate when ¾ of unit are
visited
 Mailings: 39% win rate
 Telephone Calls: 40% win rate

31. So How Does an Organizer Get an
Employee to Sign a Card?
►Would anyone in the room like a raise?
SIGN THE CARD.
CARD
►What about free health insurance?
SIGN THE CARD.
CARD
►More Staff? SIGN THE CARD.
CARD
►Less weekend work? SIGN THE CARD.
CARD
►How about just getting some more information on us?
SIGN THE CARD.
CARD

32. Authorization Card

33. Union Organizing Process
 Union Authorization Cards
 A petition can be filed upon a
“showing of interest” -30% of
employees who the Union has
determined could be part of a
bargaining unit – normally
looking for 50%
 Notification to employer that a
petition has been filed
 Employer can recognize a union
upon showing of the cards

34. Union Organizing Process
 Review appropriateness of who
can vote
 Scope of bargaining unit
 Types of jobs, geographic
scope
 Supervisors? Don’t count.
 Once granted, election takes
place within 42 days – FOR
NOW!
 Secret-ballot election
 50% plus one of those that
actually vote.

35. NLRB Proposed Rule
Proposed Rulemaking under Consideration:
 Require pre-election hearings to begin no later than seven days after a
hearing notice;
 Requiring the production of a “preliminary” voter list, including names, work
location, shift and classification no later than the opening the of the pre-
election hearing (rather than after an election has been directed);
 Deferring voter eligibility issues involving less than 20% of the proposed
bargaining unit until after an election;
 Eliminating pre-election requests for review of Regional Director rulings;
 Including phone number and email addresses (when available) on the final
voter list of employees;
 Shortening the production of the final voter list to two business days and
producing the list in electronic form
Effect: Cut timetable from petition to election in half!

36. Is Union Organizing Going On?
Do You See:
 Employees stop talking as soon as your presence is known.
 Employees meet and talk in out-of-the-way places.
 Employees from separate departments or different job levels
begin meeting and talking together to a greater extent than
before.
 Employees are absent from customary “social” get-togethers.
 The nature of employee complaints changes and the frequency
increases.
 Down-to-earth employees develop social consciousness or
begin using a strange vocabulary.
 Good workers begin doing poor work.
 Poor workers begin doing good work.

37. Education and Communication
Knowledge is power = educate
your employees:
 Communicate your Employee
Relations Philosophy
 Explain the significance of signing
a union authorization card
 Explain effects of a unionized
environment
 Explain cost of union dues
 Lack of one-on-one dialogue on
issues
 Explain your company’s
philosophy on handling employee
questions and disputes.

38. Recognize employees
Possible topics:
 Recognition of employee
achievements – (performance,
training, personal)
 Promoting operational changes driven
by employee suggestions
 Wage and benefit comparisons to
external information
 Safety improvements/reduction in
accidents.

39. Do’s & Don’ts: Supervisor Don’ts
Remember: “TIPS”
You cannot:
 Threaten employees
 Interrogate employees
 Promise employees anything
 Spy on employees

40. Do’s & Don’ts: Supervisor Don’ts
Remember: “TIPS”
Threats:
 To close a facility – plant – location
 To discharge union supporters
 To discontinue benefits
 Futility of voting for a union
 Changes in practice or rules in
response to union activity

41. Do’s & Don’ts: Supervisor Don’ts
Remember: “TIPS”
Interrogation:
 Asking how the employee feels
about the union
 Asking if the employee attended a
union meeting
 Polling employees
 Soliciting grievances

42. What Supervisors Can’t Do
Remember: “TIPS”
Promises:
 Accelerating positive change in
wages or benefits
 Soliciting or remedying grievances
 Promotions or improved working
conditions

43. What Supervisors Can’t Do
Remember: “TIPS”
Spy:
 Photographing/videotaping union
activity
 Following employees to off-site
meetings

44. Do’s & Don’ts: Supervisor Don’ts
Other Examples:
 “If you support the union,
you’re fired.”
 “If a union gets in here, we’ll
shut down.”
 “Have you been approached
by a union?”
 “If you help us remain union-
free, we’ll give you a $100
bonus.”

45. Do’s & Don’ts: Supervisor Do’s
Remember: “FOE”
You can talk about:
 Company’s position on unions
 Your personal experiences with
unions
 The TRUTH about unions
 The TRUTH about a particular
union
 Union facts.

46. Do’s & Don’ts: Supervisor Do’s
Examples:
 “That a union could negotiate
an agreement with
management that may not
support your personal
beliefs.”
 “The company believes that a
union often creates an
adversarial as opposed to a
constructive environment for
resolving disagreements.”

47. Do’s & Don’ts: Supervisor Do’s
Examples:
 “Unionized employees have
to pay dues that are
deducted from their paycheck
whether they like it or not.”
 You are able to give
examples of situations
regarding union organizing
and contract negotiations.

48. Supervisory Behaviors
 Personally thank employees for doing a good
job
 Communicate clear expectations
 Be willing to meet and listen to employees
 Follow through on agreements and promises
 Involve employees in decisions
 Give people a chance to learn new skills
 Manage by walking around, know what is
going on

49. Thank you for
participating in today’s
program!
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50. Questions?
Employers Association of the NorthEast
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PO Box 1070 Suite 200
Agawam, MA 01001-6070 Meriden, CT 06450
413-789-6400 203-686-1739
67 Millbrook Street
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508-767-3415
Toll Free – 877-662-6444
www.eane.org