Request for Mediator

LindaS

I received a request this AM from the majority of our non-bargaining unit staff that I'm not quite sure how to handle...

I was approached this AM and it was requested that I set up a meeting with upper management and some type of impartial "mediator" to allow the staff to express their dissatiafaction with upper management and to request an increase in wages.

This company has had numerous financial issues over the past several years and the non-bargaining unit staff has not had an increase in over 7 years; in fact twice they have had to take a pay cut for a while. Approx. 1.5 years ago the staff was reduced approx. 25% and all remaining staff were asked to take on additional responsibilities/duties to keep things afloat, which we all have.

Now the staff is looking at the numbers as well as the fact that we are adding some new staff and they want a pay increase. Their feelings are that they are tired of hearing "thank you" and would like to see some additional money. I have to admit that I would like to see a pay increase for me as well.

Now the question is how to approach upper management with this request.

Any advice?

System

[font size="1" color="#FF0000"]LAST EDITED ON 08-15-05 AT 01:11PM (CST)[/font][br][br]This phrase is getting old but do you have a 'seat at the table' with upper management? I would certainly take the 'movement' by non-union people to them. Your staff has been gracious to give up raises and even take pay cuts for 7 years. Considering the cost of living over that period of time, they're living with less than they were 7 years ago. I don't blame them

But your question was how to approach upper management. If you can't meet with them, request a conference through your supervisor, advising him/her of the request. It's not unreasonable. If someone doesn't make them aware, they'll become aware of it when they move for a union.

Hunter1

This is most definitely 'concerted activity' under the NLRA, so in addition to your problem of how to take this to upper management, you should probably get a labor attorney involved. He/she may be able to advise you on both issues.

LivindonSouth

It's way early for 'an impartial mediator', but I agree it's a good idea to not ignore their request. The mere fact that they asked for 'a mediator' is a serious indicator that they are talking with bargaining unit employees or either know their rights to organize. An organizer will suggest they do what they did as an entree, hoping the employer will decline and then the organizer can use that to his advantage, or better yet, hoping you will accept their request. I would only respond that management is aware of their concerns. Make no offer to deal or discuss or consider anything, off or on the record.

The last thing you want to do, however, is tell them to come up with a group and you and the executives will meet with them and discuss things. When you do that, guess what? YOU HAVE RECOGNIZED THEM AS A UNION and the NLRB will require you to continue bargaining. If you ask them to present their concerns to you in written fashion or through a group of, say, two or three of them and you'll run it up the flagpole, according the the NLRA, you have effectively recognized them as representatives of a group of employees and you are considered to have recognized them as a bargaining unit, without benefit of voting or ratification of a contract.

Do whatever managements thinks best as far as initiating pay increases or range adjustments. Just do not let it appear that you have done that in response to suggestions from a group of employees.

LindaS

Thanks for your responses and yes, I "have a seat at the table" with upper management which is why I think they came to me in the first place (beside my being HR, of course).

I did speak with the president yesterday regarding the situation and he understands their issues regarding pay but I did not get an answer regarding whether or not there will be any pay increases so I will go back to the group and let them know that I have passed the information along and hopefully something good will come of it.

Do I think they are planning on "organizing"? No. I think, and understandably so, that they are frustrated and the rising cost of gas, among everything else, is truly getting to them. While I have not been here for seven years, I have been here for three+ and have not seen an increase either but I can see both sides of the issue.

Thanks again.

LivindonSouth

Linda: Apparently my last post made no impact. If one or more employees are sitting down with you to lay out employee concerns with a request that management do certain things, and you take those concerns to management and then you invite that group sit back down with you so that you can give management's response to them, and then return to management with counter replies, you have effectively established about all it takes for the NLRB to suggest you have a de facto union.

Don't then be surprised if their next move is to charge you with refusal to bargain. Then when the company says, "Bargain? What bargain? They don't have a right to demand that we bargain. They have no union." The NLRB will simply tell you that you established the bargaining way back when Linda was trotting back and forth.

Not to be an alarmist, but, stranger things have happened. Good Luck.

LindaS

Don -

Thanks for your response. While I understand what it is you are saying, I guess I'm confused as to what to do. These are a bunch of people who have worked together for a LONG time, seen many changes within the company as well as seen others have their jobs eliminated along the way. They have not seen an increase in pay in over 7 years and are now at a point that, if something isn't done, they may very well walk out the door.

If I read your post correctly, the best thing would be for me to do nothing and hope for the best. Is that correct?

These people are "banding together" out of frustration and feel that they are ALL deserving of something in the way of recognition for both their years of service as well as the manner in which they ALL picked up the pieces after jobs were eliminated. I don't necessarily disagree with them so what should be done?

If I simply tell them that management is aware of their concerns and leave it at that the frustration level will just rise to the breaking point and you're telling me that if I go back and forth as the messenger that I am, in essence, recognizing them as a union. What is the answer.

BTW - this is a small group of individuals (approx. 10) and they, in essence, comprise the entire office, administrative and supervisory staff.

LivindonSouth

The answer to this dilemma is for the management of the company to hold one or more group meetings to address perhaps a state of the business agenda, including the outlook for increases. You have perfectly described what the NLRB will term 'concerted rights' and an obvious precursor to attempts to collectively bargain.

I don't mean to sound personal here, but, I suggest it is not your role to 'solve' this issue. It is the responsibility of management to properly address this situation. If all they do is send you back down the mountain to address the plebes, they have abdicated their responsibility.

If the place has had no raises in 3 or 7 years, something is afoul with the viability of the company. I'd be looking for work too.

If management insists that you continue as the messenger, advise management of the union implications and ramifications as noted above.

Given the facts as you lay them out, I see it going nowhere if all you do is back and forth telling them, "I don't know. you know as much as I do. I'll go ask him."