The primary reasons that employees seek third-party representation from labor unions have to do with poor management practices and real (or perceived) unfair treatment. If you haven’t assessed your workforce practices lately, now is the time to do so as your company may be at risk from the growing threat of union organizing efforts.
by Eric Vanetti, Ph.D.
Too often we put off doing truly important things in favor of dealing with more pressing issues. Sometimes it’s intentional and we simply procrastinate. But in the day-to-day operation of a business, it’s frequently because we’re faced with problems that we believe must be addressed urgently, even though they may not be very important in the long run. We end up devoting most of our time to “fighting fires” leaving little time for more important, but less immediate concerns. Unfortunately, putting off important things for too long can lead to missed opportunities or more serious consequences. Let me share an example from my personal life with you.
In 2005, about a year after he had suffered a serious stroke, my father called to ask when we would be coming to visit as it had been several months since we had seen each other. After the call my wife and I discussed making travel plans but decided to wait. Our day-to-day responsibilities and the fact that I had tickets to an “important” college football game the following weekend made it easy to do so. We would plan a trip in a few weeks.
I went to the game the following Saturday. While having dinner with friends that evening, a call came in from my stepmother. She simply said, “I think you need to come now, he’s not going to make it much longer.” As you might imagine, my feelings about what was “important” quickly changed. We immediately made travel plans for Tuesday evening on the earliest available flight. As we sat at the gate waiting to board our plane, I got the call – dad had passed away. Because I had temporarily lost sight of what was important, I would not get to say goodbye.
A Burning Platform
Granted, it may not be as dramatic the loss of a parent, but there is a “burning platform” glowing in our nation’s capital that may threaten the long-term survival of many companies. I’m referring to labor reform. If Big Labor has its way, this burning platform will soon become a full-fledged wildfire across America.
This time last year, there was heightened interest in the Employee Free Choice Act (EFCA) as many companies were rightly concerned about the potential impact of the controversial legislation. When Congress shifted its focus to addressing the more urgent issues of our nation’s economy and healthcare, companies began to adopt a “wait and see” attitude re: EFCA. The general feeling was that it no longer posed an imminent threat and there were more pressing challenges requiring immediate response. And when Republican Scott Brown won the battle for the late Edward Kennedy’s U.S. Senate seat, you could almost hear chants of “EFCA is dead!” ring out as Democratic supporters of the bill watched their 60-seat, filibuster-proof margin slip away.
Not so fast…
Labor unions bankrolled the campaigns of many successful candidates in the 2008 elections. As Andy Stern, president of the two-million-member Service Employees International Union (SEIU) boasted, “We spent a fortune to elect Barack Obama – $60.7 million to be exact – and we’re proud of it.” These political investments drained the unions’ coffers. They need money and their most important source of cash is new members. Big Labor’s patience is wearing thin. With the mid-term elections on the way, they are expecting payback and we are now beginning to see signs of a much more union-friendly political environment.
What many people fail to realize is that almost all of EFCA can be accomplished via regulation, without any need for Congressional support. Through his appointments to date, President Obama has clearly indicated his willingness (and desire) to put Big Labor advocates in key positions of power.
The SEIU scored two Cabinet appointees: Health and Human Services Secretary Kathleen Sebelius and Labor Secretary Hilda Solis. As Solis stated, “I wouldn’t be here, were it not for my friends in the labor movement.” SEIU Secretary-Treasurer Anna Burger was appointed to the president’s Economic Recovery Advisory Board to provide advice on “boosting the sagging U.S. economy” which roughly translated means: imposing new regulations on companies and expanding union membership.
And don’t overlook the National Labor Relations Board (NLRB). President Obama’s recent Easter-recess appointments to the board included highly controversial Big Labor supporter Craig Becker who joins Chair Wilma Liebman (former counsel to the Bricklayers and Teamsters unions) and the two sitting members. This means there is now a strong pro-labor majority on the board for the first time since the Clinton administration. Even without EFCA, the NLRB has the authority to enact procedural changes that could accomplish many of its key elements, such as shortened union election cycles, increased penalties to employers for Unfair Labor Practice charges, requiring equal access to both workers and workplaces for unions during election campaigns, and more.
In addition, the Department of Labor under Secretary Solis is already taking significant regulatory actions, and there are strategies for placing portions of EFCA within other legislation, such as a jobs bill. These changes may be flying “under the radar” but are designed to have just as great an impact as EFCA.
Labor unions are not going away and they are desperate for new members to bolster their sagging bank accounts. Blue-collar jobs are no longer their primary target as they are employing new tactics and spreading into all industries, especially in service sectors. Even the financial industry finds itself in their crosshairs. Don’t be fooled into believing that “EFCA is dead”. Its proponents are alive and well and strategically placed in positions of power where they can make many of its provisions happen.
Repair Your Roof…Now!
Taking proactive steps now to separate these truly important “burning” issues from the routine, urgent demands of the day will enable your company to remain union-free and help you continue to achieve your business goals. What steps can you take? Several specific suggestions are provided below. Think PDA – Prepare, Diagnose, Act.
Prepare
- Stay informed about pending labor reforms and their potential implications for your business
- Develop a Response Plan so you are prepared to act at the first sign of union organizing activity
Diagnose
- Take our free Vulnerability Assessment to determine your level of risk to union organizing activity
- Contact us about conducting an Employee Engagement survey to evaluate and improve the effectiveness of your current management and workforce practices
Act
- Define specific action plans to address areas of concern and ensure your workforce practices contribute to maintaining a positive workplace
- Conduct Union Avoidance training for your managers and supervisors