Union Fears

System

From what I have read on this forum Unions are a nightmare from an HR perspective. Well the employees are rumbling about unions (which has been on and off for years but stronger this time).
I know nothing about unions.
Can anyone tell me the pros/cons and what I can do to legally prevent it from happening(if there is one) and what arguments I can use to dissuade ee's from going in that direction?
Again, I am completely ignorant about unions so if what I have asked for is way out of line,please go easy on me.

sonny

[font size="1" color="#FF0000"]LAST EDITED ON 06-24-03 AT 12:22PM (CST)[/font][p]Talk to a labor attorney NOW.

Crout

In addition to seeking an attorney, you really need to do your homework because one misstep by you and your company could easily get slapped with an unfair labor practice. You can start by going to this site [url]http://www.nlrb.gov/rr.html[/url]. This will give you access to the NLRB rules and regulations. Spend some time, read the regs and the attorney can help you fill in the blanks. You should probably lay in a ready supply of aspirin and antacid now as well. Good luck.

System

deez: Sonny and Crout are right - this area of the law is a minefield for the unwary.

If you're an Employment Law Letter subscriber, you can find a kajillion articles about union organizing in the subscribers area of this website at no extra charge. Log in at [url]http://www.HRhero.com[/url] . If you don't already subscribe x:o you can get a free trial subscription, which includes access to the entire website. Go to [url]http://www.HRhero.com/empnl.shtml[/url]

And, yes, consulting a lawyer would be a real good idea.
[url]http://www.HRhero.com/findanattorney.shtml[/url]

I didn't mean for this to become a sales pitch, but you really don't want to step into this unawares.

James Sokolowski
HRhero.com

HR in NY

We just went through a decertification of the Union here. It was a nightmare, but in the end the employees voted the union out. Life has been good since then. I do not envy you, I cringe when I hear the word "union". Do not do or say anything without consulting with a labor attorney. For the last year every word that came out of the HR Department's mouth was censored by an attorney. We had his number on speed dial. Now we can speak freely. Unfortunately the union still has the right to come here and start soliciting again after one year. We are confident though that the employees feel they have made the right choice. Be very careful - legally you can't say anything against the union or try to dissade employees. You would be walking on very thin ice.

System

Gotcha.
But I still want to know what the cons are so I know what I will be up against.

Why would the employees vote against a union? I thought most people would want the union?
All I know (or guess) about the cons is that it would interfere with our ability to discipline or terminate bad ee's

Don D

A labor attorney or corporate HR person with union avoidance experience will come to your place of business and conduct the anti union campaign and part of that process is to educate management on the do's and don'ts. Another part is to meet with employees to disuade them and that can be done without violating the NLRA, but only by an experienced individual, preferrably an attorney working for the company. Employees can be shown that organization will not benefit them and that the company already offers competetive pay, benefits and conditions of employment and that to unionize will gain them not much more than the privelege of paying union dues and bargaining for everything they get in the future. All this can be carefully laid out by the professional. Many attorneys will have a sliding scale, perhaps all do, and will put on as much of a dog and pony show as your company is willing to pay for; ranging from a $200 presentation to management to a four day several thousand dollar on site campaign.

LindaS

Deez - Although I am not an attorney, I have worked for several organizations that are unionized so I will give you my proepective on unions...

Unions provide employees with a sense of "security" (not that I agree) in the sense that their raises are guaranteed, it can be more difficult to terminate a "bad" employee, and they feel they (the employees) can run to their union reps whenever they feel "mistreated". These are comments I have heard from the employees regarding the union. On the bad side, upward movement for employees is usually based on seniority, so a marginal performer with seniority may move into a position someone else with less seniority would probably do better in, which irritates the lesser senior person.

I agree with all the posts about not talking to any employee regarding any of this without seeking legal counsel first. The NLRB tends to frown on this type of behavior from employers.

In the unionized companies I have worked for, one (my previous employer) will probably never be without a union because upper management doesn't treat these people very well - in fact the union went on strike while I was employed in HR there (not a fun thing to go through). My current employer is also unionized although I have heard much discussion regarding wanting to "get rid of" the union. Since we are coming up on negotiations, we'll see what happens.

In any event, good luck - you have a long road ahead.

Hunter1

[font size="1" color="#FF0000"]LAST EDITED ON 06-25-03 AT 08:54AM (CST)[/font][p]Deez: I agree, you should seek some advice, particularly with regard to the organizing attempt, but having a union is not the end of the world. I've belonged to three unions, bargained a labor agreement as chief spokesperson for a union, and now bargain with six unions as chief spokesperson in my current position. Would I rather be non-union? You bet!
You will have a learning curve ahead of you, whether you go through a successful campaign (if that becomes necessary), or whether you become unionized, but it's all fun! And ... we'll be here to help.
Good Luck

System

Thank you, thank you, thank you!
I can use your responses to persuade the GM to take this threat seriously.
I am dreading the possibility but I welcome the chance to learn about a new part of HR.

Balloonman

Deez,
So far much good advice, but Linda hit the nail on the head as to why people look to unions: "In the unionized companies I have worked for, one (my previous employer) will probably never be without a union because upper management doesn't treat these people very well..."
The reason a union gets their foot in the door is because management has not been doing a good job. Not that this is always the case, but often it is. Are the employees treated fairly, and feel like they are valued and appreciated? If so life will be good. If just a few bad apples are stirring the union pot you will probably be okay, but you still need to get some legal advice and training for all management and superviors.
As I have worked in 4 union environments I will say that you can fire people, you just have to go through the steps, and make sure you cross all your t's and dot the i's. Then once you get them there it is a done deal ....usually.
Good luck.
My $0.02 worth.
DJ The Balloonman

Crout

Hey, it's a pain, but because we have a Union I have a job in our HR department.