Labor Vulnerability Checklist September 2010

LABOR VULNERABILITY QUESTIONNAIRE
This Checklist was prepared as a general guide to help employers consider the types of policies,
practices and procedures that could help them remain union-free. Employers need not adopt
every item on this checklist. Some items may not be appropriate for every employer.
Nevertheless, employers should use this checklist as an aid in the process of tailoring their
employment-related policies, practices and procedures to improve employee relations in their own
organizations. Remember, each organization is unique and a “one size fits all” approach is not
recommended.

If you have any questions about specific items on this checklist or if you need assistance in
developing your own tailored union-proofing plan, please feel free to contact your Fisher & Phillips
lawyer.

www.laborlawyers.com
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All Rights Reserved

Labor Vulnerability Audit Questionnaire

Y N

UNION ACTIVITY
Has this facility ever had an NLRB-conducted election?
(If so, provide details in the Notes section of this questionnaire.)
Has this facility ever been subject to a union organizing drive of any
sort?
(If so, provide details in the Notes section of this questionnaire.)
Within the past 36 months, has there been any report of:

• union authorization cards in the workplace?
• employees being solicited to sign union authorization cards?
• pro-union literature or handbills?
• pro-union graffiti?
• anti-company literature?
• anti-company graffiti?
• other anti-company messages?
• union meetings?
• visits by union solicitors?
• telephone calls to employees’ homes by union solicitors?
• work stoppages or strikes?
• mass complaints or petitions signed by a group of employees?

COMMUNICATIONS
Union-Free Policy Statement
Have you adopted a written union-free policy statement?
Do you communicate your union-free policy to employees:

• during the orientation procedure?
• in the employee handbook?
• on the employee bulletin board?
• in meetings with employees?
Problem-Solving Procedure
Do you have a written, publicized, step-by-step procedure for
handling
employee complaints or grievances?
Is your procedure covered:

• in the employee handbook?

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• by posting on the employee bulletin board?
• in the orientation procedure for new employees?
Y N

Do you have a procedure for handling claims of
discrimination, harassment or retaliation?
• Is that procedure different from your normal complaint resolution process?
Are employees encouraged by managers and supervisors to
get their complaints out into the open so they can be
addressed before they fester into more serious problems?
Does the company make every effort to resolve employee
complaints promptly?
Are supervisors trained to respond to employee complaints?
Do employees believe that supervisors listen to and resolve
employee complaints?
Do supervisors encourage employees to come up with ideas
and suggestions on how to make the company a better
place to work?
Regular Meetings
Do supervisors conduct regular, informal meetings with their
employees?
When?
Are employees given the opportunity in group meetings to
ask questions, raise problems, and make suggestions?
Do you regularly inform employees about company policy
and personnel changes, plans, etc.? How?
___________________________________
Does top management regularly visit with employees in their
work areas?
When?
Are written agendas used for conducting employee
meetings?
Does top management find occasion to address large
meetings of employees on company time on subjects of
importance and interest (such as a “state of the company”
address, i.e., the forerunner of the "captive audience" speech in
an organizing campaign)?
Are supervisors given information about the company’s plans
to pass along to employees before the information hits the
“grapevine”?
Before changes are introduced in the company, is every effort
made to give employees advance notice or subsequent

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explanation?
Employee Committees
When issues arise at the company, do you ever appoint an
employee committee to help address the problem?
Have you confirmed that your committee procedures are
consistent with the requirements of the Labor Board’s
Electromation decision?
Climate or Opinion Surveys
Do you have a system for finding out how your employees
and supervisors really feel about the company, such as through
periodic confidential employee attitude or “flash” surveys?

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Y N

Are the questions on employee surveys carefully formulated
with specific objectives in mind?
Do you give timely feedback with a summary of the survey
results to employees, letting them know what action you are
taking to correct areas of concern as indicated by the survey?
Do you ever use 360o surveys to evaluate management
performance?
Written Communications
Do you disseminate information to employees about the
company’s:
• customers?
• competitors?
• challenges?
• history?
• culture?
• values?
• mission?
• industry?
Do you use various forms of communication to be sure to get
the message across, such as:
• posters?
• graphics?
• videos?
• recorded messages?
Do you have closed circuit televisions, video monitors or
digital photo frames in your break rooms?
Do you use closed circuit televisions, video monitors or digital
photo frames in any other locations to communicate current
events or notices to employees?
..................................................................................................
Do you orally explain written information you pass on to
employees?
Do you periodically write letters to the homes of employees?
Do you have a contingency communication plan in the event
you get notice of any union organizing activity?

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Do you maintain relationships in the community to help detect
union organizing activity in or around your facility?

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Y N

Bulletin Boards
Do you maintain bulletin boards in strategic locations?
Do you post interesting and important information and
change notices regularly?
Do you have a written bulletin board policy?
Are the bulletin boards placed under glass, Plexiglas or
otherwise protected from defacement?
Is any place designated for employee postings?
Electronic Communications
Do you have an “acceptable uses” or “electronic
communications” policy?
Do you have a “social media” policy?
Do you have a “blogging” policy?
Do your employees use your electronic systems (computers,
phones, PDAs, etc.) for personal business?
Do you allow employees to use your electronic systems for
soliciting other employees for any cause, charity or other
business?
Do you have a spam-blocker?
Do you use different levels of security clearance in the
Company’s electronic systems?
Do you have a “no recordings” policy?
Do you permit employees to access Facebook, MySpace,
YouTube or similar sites through your electronic systems?
Upward Communications
Do you hold regular supervisory meetings?
Do you consider the suggestions, criticisms and opinions of
your supervisors?
Are supervisors aware of their responsibility to relay
information from employees to top management?
Before making key decisions, is an effort made to determine
what employees really want and how they would feel about the
decision?
Have you established procedures to ensure that your
supervisors talk with their employees on a regular basis?
Are supervisors regularly questioned about their knowledge

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of their employees?
Are supervisors evaluated based on their relationships with
their employees?
Are supervisors rewarded based on their relationships with
their employees?
Are supervisors required to seek employee opinions,
information, or suggestions?
Y N

Human Resources
Is there commitment from the top down to the company’s
human resources function?
Does management visibly support human resources
programs?
Does the official in charge of the human resources function
report directly to a top company executive?
Do you have an HR representative present at all times when
employees are working (i.e., off-shifts, nights or weekends?)
Do your human resources personnel actively participate in
local human resources groups?
Supervision
Has the company established which leadership positions are
considered “supervisory” under the National Labor
Relations Act?
When new supervisors are selected, is consideration given to
the candidate's leadership skills and respect among
employees?
Are supervisors given substantial authority?
Do supervisors know the extent of their authority?
Have supervisors been issued an up-to-date personnel policy
manual?
Have supervisors actually used the policy within the last 60
days to resolve an employee question or issue?
Do supervisors conduct periodic performance evaluations of
each employee, in which they let employees know how
they stand, their progress, their strengths and
weaknesses, where they need to improve and what the company
will do to assist the employee?
Do employees believe that supervisors assign work in a fair
and equitable manner?

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Do supervisors work the same hours as the employees they
supervise?
Do supervisors take breaks with employees?
Do supervisors park in the same place with the employees
they supervise?
Are supervisors eligible for a different benefit
program/package than the employees they supervise?
Are supervisors compensated more than the employees they
supervise, even when overtime is taken into account?

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Y N

Supervisory Training
Does the company provide a training program for
supervisors, covering:

• Two-way communications?
• How to handle complaints?
• How to discipline?
• Proper orientation procedures?
• Employee training and instructions?
• Performance reviews?
• Leadership/setting the example?
• Union avoidance?
Does the company insist that each supervisor treat his or her
employees with courtesy and respect?
Do supervisors understand the rules and policies they
administer and are these policies administered
consistently?

PROPER EMPLOYMENT PRACTICES
Personnel Policies
Do you have an employee handbook for communicating
to employees the company’s history, policies, and benefits?
Have you updated your employee handbook in the past 18
months?
Do your written policies actually reflect what your company
does in practice?
Do employees understand your personnel policies?
Do employees feel that these policies are administered in a
fair and consistent manner?
Do you consistently enforce a solicitation and distribution
policy that allows you to limit organizing at the company to
the maximum extent allowed under the law?
Disciplinary Procedures
Have you communicated your disciplinary procedures to
employees in writing?
Is attention given to the fairness of policies on tardiness and
absenteeism?

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Before disciplinary rules are instituted or changed, are
employees consulted and informed about the need for the
change?
Does your disciplinary procedure provide for written notations
of warnings to be placed in the employee's personnel file?
Do you allow employees to provide a written response to
disciplinary actions issued to them?
Y N

Do you ever allow employees to have a witness to an
investigatory interview?
Do you have an arbitration system in effect?
Do supervisors discipline employees in private?
In administering discipline, do supervisors consider the
employee's story or point of view?
Do supervisors suspend employees before issuing serious
discipline?
Do supervisors suspend employees before terminating them?
Hiring & Selection
Does your employment application meet your needs on
background information, and has it been checked to
determine its compliance with applicable laws prohibiting
discrimination, polygraphs, and background checks without
obtaining the applicant’s proper permission?
Does the company carefully screen the previous employment
history and background of all job applicants?
Orientation & Job Assignments
Do you provide a formal orientation so that the new employee
is properly introduced to the job and the company?
Do you utilize a checklist to ensure that all points are
covered?
Do you utilize educational videos or demonstrative aids to
orient new employees?
Do you attempt to assign new employees to jobs in which
they will be satisfied?
Promotion & Training Opportunities
Do you give proper training to new and current employees?
Have you checked to see if employees feel they have been
given sufficient training?
Do you have a written policy on job bidding for vacant jobs or

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employee transfers?
Do employees understand the job bidding procedure?
Do you have a policy of promoting from within the company?
Are employees given information concerning their
opportunities for advancement in the company?
Seniority or Length of Service
Do you have a written policy on seniority (or length of
service)?
Have you considered whether your seniority policy should be
applied within job class, department, or throughout the entire
company?

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Y N

Do employees understand your seniority policy?
Do employees believe your seniority system is fairly and
consistently administered?
In the case of promotions and layoffs, where qualifications
are relatively equal, is seniority the determining factor?
Do you favor the senior employee in promotions and layoffs,
unless the junior employee is obviously superior?
Do you recognize seniority in determining eligibility for other
employee rights and privileges such as:

• shift preference?
• length of vacation?
• choice for vacation time?
• overtime?
Do you give advance notice of unavoidable layoffs to
employees with an explanation or reason for the layoff?
In the case of layoffs, are senior employees given an
opportunity to transfer to vacant jobs in which they are qualified
to perform?
Wages
Do you know how your company’s wages compare with those
paid for similar work at other companies in your area and
industry?
Have you examined your wage rates to determine whether
they provide fair differentials between jobs based upon skill,
effort and responsibility?
Is your wage program administered consistently and
effectively so that employees are being paid their proper rate
within their classifications in line with established rules?
Do you have significant differences in pay for the same or
similar work performed by men and women?
Do employees understand how the company’s pay plans
work?
Do you know whether employees consider the pay plans
consistent and fair?
If you use a merit system, is it structured so employees can
have an impact on their performance?
Do you have objective metrics for employee performance?

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If you do vary rates within a job class, has consideration been
given to recognizing length of service?
Benefits
Do you provide fringe benefits that are better than your
competition?
Y N

Do you consider the suggestions and recommendations of
employees and supervisors before making changes in your
benefit program?
Do you know how your benefits program compares with
those of other companies in your area and industry?
Do you offer employees options on certain types of fringe
benefits?
Do you publish an explanation of all employee benefits and
services for employees and their families?
Do employees understand the fringe benefit program?
Do employees understand the circumstances under which
they are or are not eligible for certain benefits?
Do employees complain about delays or red tape in the
claims filing process?
Do you take steps to make sure employees understand the
monetary value of their benefits (in terms of the cost to
the company per year)?
Have you actually prepared a breakdown on the average
dollar value of each benefit and service to the employees
and presented it to them?
When employees are not eligible for benefit claims, do you
explain to them why they are not eligible, and show it to them
in writing?
Employee Complaints
In the past 18 months, have employees complained about:
• heat or cold?
• noise in the workplace?
• dust?
• odor or scents?
• equipment or machinery?
• lack of tools?
• lack of personal protecting equipment (PPE)?

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• safety hazards?
• overtime?
• hours of work or schedule?
• awards or promotions?
• hiring from outside your company?
• an abusive supervisor?
• unfair pay?
• their benefits package?

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Y N

Physical Facilities
Do you have reserved parking only for management
employees?
Are employee work areas made as attractive, clean, and
pleasant as possible?
Are employees aware of the efforts you have made to control
conditions contributing to unusual or excessive heat, cold, noise,
dust, and odor?
Do you insure that your facilities are as safe as possible for
employees?
Have you ever had a security audit of your facilities?
Do you have security guards on your premises?
Do you have a close working relationship with local law
enforcement?
Are your facilities locked to third parties?
Do you use card or key access-controlled systems to
minimize access to your property or different departments?
Work Schedules
Do you make every effort to avoid prolonged involuntary
overtime?
Do you explain to employees the necessity for such
overtime?
Do you give employees at least 72 hours advance notice of
mandatory over time?
Do you have a consistently-applied system for selecting
employees to work overtime?
Support Staff
Are your office clerks and guards putting forth the proper
company image?
Do you utilize your office clerks and guards as sources of
information?
Equal Employment Opportunity
Do you have a formal written policy publicized to employees
on diversity or equal employment opportunity?
Have you appointed an equal opportunity officer to handle
discrimination complaints by employees?

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Do you have female supervisors or managers?
Do you have minority supervisors or managers?
Have you developed responsible minority/female advocates
who would be available to put forth the company’s position?
Have you received an internal complaint of harassment,
discrimination or retaliation?
Have you received an EEOC charge (or state equivalent)
alleging harassment, discrimination or retaliation?

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Y N

Have you been sued in any court for alleged harassment,
discrimination or retaliation?
Have you been sued for any employment-related claim other
than harassment, discrimination or retaliation?

MISCELLANEOUS
Do you try to eliminate bottlenecks of employees entering and leaving
work, so that a union organizer will have difficulty communicating with
employees?
To the extent possible, have you minimized contact between Company
employees and the employees of other companies who come on to
company property, such as delivery drivers?
Do employees believe the Company has a favorable “image” in your
community?
Do you have a working relationship with a local public relations firm or
media consultant?
Do you maintain a file on union-related articles or stories about unions,
particularly in your industry?
Do you have any contracts with the United States government?
Do you post the Notice to Employees required by Executive order
13496?

This checklist is not intended to be all-inclusive and other actions that are not listed may be
appropriate or necessary for your organization.

NOTES

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Labor Vulnerability Checklist September 2010

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