Employee Associations

NM _Tom

I am the HR manager for a large healthcare organization that employs over 14,000 people in multiple states. My organization has an employee association that has been in existence for 20+ years. Its primary responsibilities are social in nature and do not "stray" into Management advisory arenas.

Question #1. Does anyone else have such an association and what is their "mission"?

Question #2. If you have such an association do they have formalized by-laws, charter, etc?

Question #3. Would you be willing to share these by-laws as well as best practices?

FHR

Social in nature as in what? planning parties? gift baskets? what do you mean?
Cristina

NM _Tom

[font size="1" color="#FF0000"]LAST EDITED ON 12-30-03 AT 10:39AM (CST)[/font][br][br]They coordinate the company picnic, holiday party, arrange for group discounts for parks, recreation activities, musical events etc. In addition they created an employee "food bank" that provides gift certificates to a local grocery store for employees in need. They have bake sales to raise money to suport this activity. This is what I deemed social- more appropriately- social welfare. They are concerned with quality of life, not guality of work life activities.

Currently both exempt and non-expempt as well as management employees participate in the association.

System

My biggest fear would be the evolution of a bargaining unit, especially with formalized by-laws, charter, etc.

We have an F.O.P. that is "social in nature" and is forever campaigning and badgering for collective bargaining.

We encourage socail events (bowling outings, picnics, etc.) I am amazed that your employees' association has been in existence for 20+ years!

Oh, by the way, WELCOME to the Forum!

"Sam"

NM _Tom

As an HR Manager new to the organization my first conccern was about this organization being deemed an employer dominated union. As stated earlier this group strives towards social/social welfare activities and does not discuss "work conditions".

I am concerned that I do need to formalize the association and define its existence to prevent "mission creep" into work conditions.

I do not believe our association is a "labor organization" as defined by the NLRA, because of the social aspect. If it is found to be however, I think a charter/by-laws will help define whether or not it is "employer dominated". I have looked at the seven "Spiegel" factors as well and this is another reason I think we need by-laws.

Thoughts...???

Thanks for all your help.

Don D

Once you "formalize it" and "define its existence", there's nothing to stop it from having a board of directors or call them what you will. Then they can duly change their charter or whatever you have "defined" for them and first thing you know, they are elected or representing employees at large and they are discussing work issues and collectively bargaining with you for same, and you have already accommodated them by recognizing and "formalizing" them. Then you have, guess what, a union. I would let them be a transient, benign breakroom committee or something along that line, if anything at all.

NM _Tom

Thanks for the opinion, but as I mentioned earlier this association has been around for over 20 years- closer to 30 years actually and are a little more organized than a benign break room committee. Over a third of the employee population in one state belongs to the association.

Your argument supports my questions about formalizing their existence. Yes, they can change their charter and elect anyone they want, but I will not have to recognize them as the result of "running afoul" of the NLRA by having an employer dominated labor organization.

By formalizing it now, I dont have to just "accept" them as the voice of the employees without a representation election. Correct???

Don D

I'm no expert, and I realize we're seeing 'booger-bears' here; but, I don't think there has to be an election....just the notion that a group is representing the others. An association of employees doesn't have to become a union of course. Every industrial group has a business association. Maybe this one just plans hot-dog cookouts and family day. I have to say though, in response to your comfort at their having existed benignly for 30 years; Jeffrey Dahmer did the same.

NM _Tom

Thanks for acknowledging the obvious...

Second, any group of employees can attempt to negotiate work conditions, but I don't have to acknowledge their existence unless/until a representation election has been held, or the NLRB holds that I have violated the NLRA (employer dominated labor organization) and forces me to negotiate. This is what I'm trying to avoid with the separation.

Third, look at the discussion thread- nothing there suggests I'm content to allow them to exist for another 30 years. I'm new to the organization and I intend to make changes in 2004. I thought the Forum might be a good place to determine if others have experienced similar situations and what they did.