Projections- Winning Results: Successful Union Free Strategies

8/7/2019 Projections- Winning Results: Successful Union Free Strategies

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Successful UnionSuccessful Union--free Strategiesfree Strategies

Peter J. BergeronPeter J. BergeronVice President, Client ServicesVice President, Client Services

Winning Results:Winning Results:


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Winning Results ABC October 2009 3

Current Union Organizing RulesCurrent Union Organizing Rules

Union submits election petition to NLRBUnion submits election petition to NLRB

At least 30% of cards must be signedAt least 30% of cards must be signed

NLRB holds election within 4 to 6 weeksNLRB holds election within 4 to 6 weeks Election is by secret ballot. The unionElection is by secret ballot. The union

must win by at least 50% plus 1 votemust win by at least 50% plus 1 vote aa

tie goes to the companytie goes to the company Union is usually certified within one weekUnion is usually certified within one week

after the election provided no objectionsafter the election provided no objections


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Some Costs Of UnionizationSome Costs Of Unionization

Typically there are job restrictions reducingTypically there are job restrictions reducingflexibility/interchangeability of employees = increasedflexibility/interchangeability of employees = increasedmanpower, 5%, 10%, 20%, 30%?manpower, 5%, 10%, 20%, 30%?

Restrictive layoff and recall proceduresRestrictive layoff and recall procedures forcing layoffsforcing layoffsof good workers/retention of poor perfsof good workers/retention of poor perfs

Inability to deal directly with your empsInability to deal directly with your emps must gomust gothrough a third party or stewardthrough a third party or steward

Union Stewards/Union Officials paid time off the jobUnion Stewards/Union Officials paid time off the job

Grievances & ArbitrationsGrievances & Arbitrations Preparation for NegotiationsPreparation for Negotiations

NegotiationsNegotiations


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Some Costs Of UnionizationSome Costs Of Unionization

(Contd)(Contd) Strike contingency planning & StrikesStrike contingency planning & Strikes

Impact of Strikes on Future HiringImpact of Strikes on Future Hiring

Added staffing in HR, Support & AdminAdded staffing in HR, Support & Admin

Additional legal counselAdditional legal counsel

Impact on attracting new customersImpact on attracting new customers

Training of management on the terms andTraining of management on the terms andconditions of new/existing union contractsconditions of new/existing union contracts

IT Reprogramming costs due to contractsIT Reprogramming costs due to contracts

Etc, etc, etc.not an exhaustive list!Etc, etc, etc.not an exhaustive list!


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Hypothetical Slim VictoryHypothetical Slim Victory

You win the electionYou win the election 53 to 47!53 to 47!

Big collective sigh of reliefBig collective sigh of relief

Upper Management is now on a sugarUpper Management is now on a sugarhigh and takes all the credit for the victoryhigh and takes all the credit for the victory

The euphoria last only a short fewThe euphoria last only a short fewdays/weeksdays/weeks

Reality sets in and management quicklyReality sets in and management quicklysays We dont have to worry about thatsays We dont have to worry about thatunion crap for another yearunion crap for another year Thank God!Thank God!


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HR has already started counting the days/weeksHR has already started counting the days/weeksuntil the next electionuntil the next election

Regardless if EFCA passes or not, the union onlyRegardless if EFCA passes or not, the union onlyneeds to convince a handful of employees toneeds to convince a handful of employees tochange their mind!change their mind!

A couple more broken promises and a few beersA couple more broken promises and a few beers

at the union hall and the union wins the nextat the union hall and the union wins the nextelection. Or, with EFCA, a card check win orelection. Or, with EFCA, a card check win orquick election win is in the bag!quick election win is in the bag!


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HR communicates their concerns to upperHR communicates their concerns to uppermanagement as well as their recommendationsmanagement as well as their recommendationsfor implementing strategic proactive measuresfor implementing strategic proactive measures

Upper management listens, nods their headsUpper management listens, nods their headsand politely says Thank you Human Resourcesand politely says Thank you Human Resources

After the presentation, one can almost hearAfter the presentation, one can almost hearupper management saying I think those HRupper management saying I think those HRfolks are smoking something funny againfolks are smoking something funny again

Your company must be the only company whereYour company must be the only company wherethis type of reasoning occurs!this type of reasoning occurs!


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Hypothetical Slim VictoryHypothetical Slim Victory -- BelieveBelieve

It Or Not..It Or Not.. Some companies win union elections whenSome companies win union elections when

theythey

Dont practice any positive employee relationsDont practice any positive employee relations Dont have a showDont have a show--stopping issuestopping issue

Dont believe that union organizing rumors orDont believe that union organizing rumors orthreats are real or they think they are immunethreats are real or they think they are immune

Are just damn lucky (too many are just lucky)Are just damn lucky (too many are just lucky)

Have some combination of any of the aboveHave some combination of any of the above(Some other company(Some other company not yours Im sure!)not yours Im sure!)


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Sowhat do you do know?Sowhat do you do know?

Praythe union may tie you up with postPraythe union may tie you up with post--election Unfair Labor Practices (ULPs)election Unfair Labor Practices (ULPs)

remember, you only won by six votesremember, you only won by six votes Prepare.in the absence of ULPs, you have onePrepare.in the absence of ULPs, you have one

year to patch things upyear to patch things up -- or do you?or do you?

Begin your UnionBegin your Union--Proofing today, you mustProofing today, you must

never get complacentnever get complacent Remember, the union only has to win once!!!Remember, the union only has to win once!!!

You must always win!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!You must always win!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


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Employee Free Choice ActEmployee Free Choice Act

ProposedProposed ContdContdActivityActivity Under Current LawUnder Current Law -- NationalNationalLabor Relations Act (NLRA)Labor Relations Act (NLRA)

Under EFCA (as proposed)Under EFCA (as proposed)

MediationMediation Optional, either party can request.Optional, either party can request. No agreement in 30 days, the issueNo agreement in 30 days, the issue

goes to an arbitration board.goes to an arbitration board.

ArbitrationArbitration Also optional, either party canAlso optional, either party can

requestrequest -- this is very rarely used.this is very rarely used.

Arbitration board (3 arbiters) willArbitration board (3 arbiters) will

determine the terms of the first contractdetermine the terms of the first contract

for two years.for two years.

DecertificationDecertification A process that can be initiated byA process that can be initiated by

employees 12 months following theemployees 12 months following the

union's certification.union's certification.

Can't begin until after the 24Can't begin until after the 24--monthmonth

first contract period.first contract period.

Penalties for ViolationsPenalties for Violations Varies depending on each situationVaries depending on each situation

and violation of the NLRA.and violation of the NLRA.

$20,000 penalty per violation, can$20,000 penalty per violation, can

award treble damages for back payaward treble damages for back pay


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Employee Free Choice ActEmployee Free Choice Act

(Contd)(Contd) What will this piece of legislation morph into?What will this piece of legislation morph into?

It is anyones guessIt is anyones guess

Latest rumors: Arlen Specters ProposalLatest rumors: Arlen Specters Proposal 9/14/099/14/09 Preserves the secret ballot electionPreserves the secret ballot election

Shortened election times, e.g. 5 or 10 daysShortened election times, e.g. 5 or 10 days much like somemuch like someCanadian ProvincesCanadian Provinces

Allow union organizers guaranteed access to employees ifAllow union organizers guaranteed access to employees ifcompany holds mandatory anticompany holds mandatory anti--union meetings on companyunion meetings on company

timetime Treble damages for companies that violate labor lawsTreble damages for companies that violate labor laws

Mandatory arbitration if a contract isnt negotiated within aMandatory arbitration if a contract isnt negotiated within afew monthsfew months


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2009/10EFCANo/Short2009/10EFCANo/Short

Elections?

Elections?

2009/10 EFCA2009/10 EFCA No Election or ShortNo Election or ShortElection PeriodMy Predictions..Election PeriodMy Predictions.. The Union will always be in a campaign modeThe Union will always be in a campaign mode

Incredibly exhaustingIncredibly exhausting

CostlyCostly

War of attritionsee Richard Trumkas quoteWar of attritionsee Richard Trumkas quote

YouYou MUSTMUST become proactivebecome proactive

YouYou MUSTMUST initiate a corporate cultural changeinitiate a corporate cultural changeor..you may pay a very dear price!!!or..you may pay a very dear price!!!

RememberRemember unionization, in most if not all cases,unionization, in most if not all cases,results in marginalized profitsresults in marginalized profits


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Elections?

Elections?

Richard Trumkas definition of a corporateRichard Trumkas definition of a corporatecampaign: Corporate campaigns swarmcampaign: Corporate campaigns swarmthe target employer from every angle,the target employer from every angle,

great and small,great and small, with an eye towardwith an eye towardinflicting upon the employer theinflicting upon the employer thedeathof a thousand cuts rather thandeathof a thousand cuts rather thana single blowa single blow

I submit, the same quote can very aptlyI submit, the same quote can very aptlydescribe union organizing under EFCAdescribe union organizing under EFCA


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Elections?

Elections?

2009/10 EFCA2009/10 EFCA No Election or Quick ElectionNo Election or Quick Election Never Forget, The Union will always be in a campaignNever Forget, The Union will always be in a campaign

so.you need to think about your messages!so.you need to think about your messages! What would your campaign messages be?What would your campaign messages be?

Who would deliver them?Who would deliver them?

Where would you deliver them?Where would you deliver them?

How would you deliver them?How would you deliver them?

What medium would you use?What medium would you use?

When would you deliver them?When would you deliver them?

How effective would they be in the shortened time period?How effective would they be in the shortened time period?

How costly could this be?How costly could this be?

WILL OR CAN YOUR COMPANY ADEQUATELYWILL OR CAN YOUR COMPANY ADEQUATELYRESPOND IN AN EFCA ENVIRONMENT?RESPOND IN AN EFCA ENVIRONMENT?


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Elections?

Elections?

Its 2009/10: what do you do now? (Contd)Its 2009/10: what do you do now? (Contd)

Unions began using the internet in the midUnions began using the internet in the mid--90s90s

Unions are using social media to appeal to theUnions are using social media to appeal to theyounger workers, e.g. Twitter, YouTube,younger workers, e.g. Twitter, YouTube,MySpace, Facebook, Squidoo etc.MySpace, Facebook, Squidoo etc.

Why? It works, its fast, its cheap, it reaches aWhy? It works, its fast, its cheap, it reaches agreater audiencegreater audience remember Obamas campaignremember Obamas campaign

what did he use?what did he use? What will your company use to combat the aboveWhat will your company use to combat the above

effective communication tools?effective communication tools?


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Elections?

Elections?

Its 2009/10: what do you do now?Its 2009/10: what do you do now?

EFCA will allow unions to run a seemingly endlessEFCA will allow unions to run a seemingly endlesscampaigncampaign

Cards/petitions presumably wont go stale if its the same:Cards/petitions presumably wont go stale if its the same:

UnionUnion

FacilityFacility

EmployeesEmployees

Time will always be on the unions sideTime will always be on the unions side

There wont be any more dress rehearsalsThere wont be any more dress rehearsals

You have only one optionYou have only one option GetGetproactive now!!!proactive now!!!


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Elections?

Elections?

Its 2009/10: what do you do now? (Contd)Its 2009/10: what do you do now? (Contd)

You cant underestimate the resolve of unions toYou cant underestimate the resolve of unions towage an endless campaign e.g. IBT 18 monthswage an endless campaign e.g. IBT 18 months

My opinion, seemingly endless union campaignsMy opinion, seemingly endless union campaignsmay unfortunately tire out small and midmay unfortunately tire out small and mid--sizesizecompanies to the point of capitulationcompanies to the point of capitulation

You cant let uneducated employees sign cardsYou cant let uneducated employees sign cardsjust to get the organizers off their backs.just to get the organizers off their backs.

If elections are eliminated, the dress rehearsalsIf elections are eliminated, the dress rehearsalsare overthere will be no second chances toare overthere will be no second chances tochange your voteall signatures will be voteschange your voteall signatures will be votes


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Preventing Your Next Election?Preventing Your Next Election?

A six vote victory is not a suit of armorA six vote victory is not a suit of armor theytheywill be backwill be back you can count on it!you can count on it!

What do you do now?What do you do now?

Change the way your company conducts businessChange the way your company conducts business (the people business) or, most likely, you will not win(the people business) or, most likely, you will not winanother union electionanother union election

If your business does not change, you may findIf your business does not change, you may findyourself negotiating with a union that matches youryourself negotiating with a union that matches your

cultureculture Poorly run companies typically get the union theyPoorly run companies typically get the union they

deservedeserve


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Proactively remove costly reactionary management:Proactively remove costly reactionary management: Make positive employee relations part of the cultureMake positive employee relations part of the culture

emphasize your direct working relationship withemphasize your direct working relationship withemployeesemployees

Begin inoculating your new employees day oneBegin inoculating your new employees day one review your orientation program and include yourreview your orientation program and include yourunionunion--free statementfree statement

Conduct annual union vulnerability assessmentsConduct annual union vulnerability assessments --identify both real and perceived issuesidentify both real and perceived issues commit tocommit to

working these issuesworking these issues Continually review your policies, procedures,Continually review your policies, procedures,handbooks, complaint procedures, etc.handbooks, complaint procedures, etc. ensure theyensure theyare legally compliantare legally compliant


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Proactively remove costly reactionaryProactively remove costly reactionarymanagement:management: Constantly communicate with your employees & theirConstantly communicate with your employees & their

families in constructive waysfamilies in constructive ways evaluate yourevaluate yourcommunication platformscommunication platforms

Have an energized, wellHave an energized, well--trained, committedtrained, committedsupervisory teamsupervisory team

Make these UnionMake these Union--free Best Practicesfree Best Practices part of yourpart of your

business culturebusiness culture include some/all of these items ininclude some/all of these items insups annual reviewsups annual review

Build a culture where employee involvement isBuild a culture where employee involvement isencouraged, recognized and empoweredencouraged, recognized and empowered


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Develop YourStrategic TeamDevelop YourStrategic Team

Lead HR personLead HR person Not the head of HRNot the head of HR Someone experienced, respected by supervision, very goodSomeone experienced, respected by supervision, very good

communicatorcommunicator

Your Front Line SupervisorsYour Front Line Supervisors Match your seasoned veterans with your newer supervisorsMatch your seasoned veterans with your newer supervisors Train and retrain this group until union avoidance is in their DNATrain and retrain this group until union avoidance is in their DNA Keep a small group of key players Lightening Rods for union activitiesKeep a small group of key players Lightening Rods for union activities

Labor attorneyLabor attorney Typically an outside firmTypically an outside firm Inside talent is acceptable as wellInside talent is acceptable as well Sometimes combined talent is usedSometimes combined talent is used

Outside union avoidance consultantOutside union avoidance consultant Recommended for larger campaigns (250 employees or more)Recommended for larger campaigns (250 employees or more)


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Develop YourStrategic TeamDevelop YourStrategic Team

PersuadersPersuaders Only if necessaryOnly if necessary Straw polls will be the driver of this needStraw polls will be the driver of this need

Key management membersKey management members

Involve all strategic stake holdersInvolve all strategic stake holders functional department headsfunctional department heads Business unit headBusiness unit head

Sometimes it is necessary to keep him/her out of this activitySometimes it is necessary to keep him/her out of this activity

Management trainersManagement trainers Either HR and/or Key experiences supervisors or aboveEither HR and/or Key experiences supervisors or above

Communications specialistsCommunications specialists Recommended for larger campaigns (1,000 employees or more)Recommended for larger campaigns (1,000 employees or more)

Outside communications vendorOutside communications vendor Projections, Inc.Projections, Inc. dont settle for anything less!dont settle for anything less!


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Elements Of YourStrategic PlanElements Of YourStrategic Plan

Create Your Communications PlanCreate Your Communications Plan

One of the top priorities in any campaignOne of the top priorities in any campaign

Determine all the:Determine all the:

oo WhoWho determine who will deliver each messagedetermine who will deliver each message

oo WhatWhat messages you want deliveredmessages you want delivered

oo WhenWhen timing is always crucialtiming is always crucial

oo WhereWhere will your messages be disseminated internally,will your messages be disseminated internally,externally, bothexternally, both

oo WhysWhys evaluate the need for each message, andevaluate the need for each message, and

oo HowsHows the medium to use with each message e.g. teamthe medium to use with each message e.g. teammeetings, brochures, web sites, custom videos, offmeetings, brochures, web sites, custom videos, off--thethe--shelfshelfvideos, combinations of the above, etc.videos, combinations of the above, etc.


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Evaluate/Analyze your DemographicsEvaluate/Analyze your Demographics thisthisanalysis impacts your communications plansanalysis impacts your communications plansAgeAge

RaceRace EthnicityEthnicity GenderGender LanguageLanguage ShiftShiftYears of ServiceYears of Service Rate of payRate of pay CultureCulture


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Develop Your SupervisorsDevelop Your Supervisors This group is The Company to most employeesThis group is The Company to most employees They are the companys eyes and ears for union organizingThey are the companys eyes and ears for union organizing Train them on proper straw polling techniquesTrain them on proper straw polling techniques Ensure this group is properly trained on the legal Dos & DontsEnsure this group is properly trained on the legal Dos & Donts

of communicationof communication Make a select few your information lightening rods for unionMake a select few your information lightening rods for union

related informationrelated information Ensure that your senior folks become mentors for your newerEnsure that your senior folks become mentors for your newer

supervisorssupervisors This group should be a sounding board for any proposed orThis group should be a sounding board for any proposed or

implemented changes in policies or proceduresimplemented changes in policies or procedures Remember, this is the group that can win or lose mostRemember, this is the group that can win or lose most

campaignscampaigns Communicate vital information through this groupCommunicate vital information through this group


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Continually Work Your Issues ListContinually Work Your Issues List

Develop your Issues list at least twice/yearDevelop your Issues list at least twice/year

Make it meaningfulMake it meaningful dont sugardont sugar--coat itcoat it The list should be both an offshoot of yourThe list should be both an offshoot of your

vulnerability assessment as well as perceivedvulnerability assessment as well as perceivedissues from different parts of theissues from different parts of the

organizationorganizationYou will need upperYou will need upper--management'smanagement's

commitment to this process to make it workcommitment to this process to make it work


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Cultivate Managements CommitmentCultivate Managements Commitment Union Avoidance Steering CommitteeUnion Avoidance Steering Committee

Vulnerability assessmentsVulnerability assessments

Demonstrate the financial implications ofDemonstrate the financial implications ofunionizationunionization

Ideally, get every senior management member ofIdeally, get every senior management member of

this team to sign off on the final analysisthis team to sign off on the final analysis Ideally, get the business unit head to approve theIdeally, get the business unit head to approve the

analysis andanalysis and make this part of the teams annualmake this part of the teams annualperformance reviewperformance review


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Successful CommunicationsSuccessful Communications

VehiclesVehicles My greatest successes...proactive modeMy greatest successes...proactive mode

Custom Icebreaker/Orientation videos used as anCustom Icebreaker/Orientation videos used as anadjunct to the employee orientation processadjunct to the employee orientation process

Ensuring that your supervisory team is energized, wellEnsuring that your supervisory team is energized, well

trained and confident in their employeetrained and confident in their employeecommunicationscommunications Labor Look web sitesLabor Look web sites Custom unionCustom union--free or employeefree or employee--centric web sitescentric web sites Various other forms of employee communicationsVarious other forms of employee communications Constantly keep the employees and their familiesConstantly keep the employees and their families

aware of what is going ondont let a third party fillaware of what is going ondont let a third party fillin the information gapsin the information gaps never forget your allnever forget your all--important secondary audienceimportant secondary audience the spouse andthe spouse andfamilies of your employees!families of your employees!


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VehiclesVehicles

My greatest successes...campaign modeMy greatest successes...campaign mode Structured brochuresStructured brochures

Both internal and home distributionBoth internal and home distribution

OneOne--onon--one supervisor to subordinate distributionsone supervisor to subordinate distributions Custom web sites*Custom web sites*

Some offSome off--thethe--shelf training videos*shelf training videos*

Custom 25Custom 25thth--hour videos*hour videos*

* I was a successful client of Projections for nearly ten* I was a successful client of Projections for nearly tenyears.years.


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VehiclesVehicles

Custom samplesproactive modeCustom samplesproactive mode

Custom Icebreaker/OrientationCustom Icebreaker/Orientation Labor 101Labor 101on the Employees Day Oneon the Employees Day One

ExampleExample -- MasterbrandMasterbrand

ExampleExample -- JB HuntJB Hunt

ExampleExample -- NAPANAPA


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VehiclesVehicles

Custom samplesproactive mode (contd)Custom samplesproactive mode (contd) Custom Labor Look web siteCustom Labor Look web site custom,custom,

structured web sites to proactivelystructured web sites to proactively

communicate with your most important line ofcommunicate with your most important line ofdefensedefense your supervisory teamyour supervisory teamExampleExample TJXTJX

ExampleExample Dicks Sporting GoodsDicks Sporting Goods


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VehiclesVehicles

Custom samplesproactive mode (contd)Custom samplesproactive mode (contd)

Custom Union Free web siteCustom Union Free web site designed todesigned toget out in front of the communicationsget out in front of the communicationscurvecurve impacting that allimpacting that all--importantimportantsecondary audience (before the union does)secondary audience (before the union does) the spouses and families of your employeesthe spouses and families of your employees

ExampleExample -- United Rentals (Eng/Spn)United Rentals (Eng/Spn)

ExampleExample -- Masterbrand (Eng/Spn)Masterbrand (Eng/Spn)


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VehiclesVehicles

Custom samplescampaign modeCustom samplescampaign mode

Custom Union Free web siteCustom Union Free web site getting factgetting fact--based company and union information forbased company and union information foremployees and families to view in the privacyemployees and families to view in the privacyof their homesof their homes this vehicle works folks!this vehicle works folks!

ExampleExample Fed ExFed Ex


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Fed ExFed Ex


http://www.fedexfreightworkplace.com/


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VehiclesVehicles

Custom samplescampaign modeCustom samplescampaign mode

Custom 25Custom 25thth--hour videohour video delivering the mostdelivering the mostimpactful final message to your employees inimpactful final message to your employees in

a captive audience session just before theya captive audience session just before theyvotevote the content, messages, messenger,the content, messages, messenger,issues, delivery and duration are keys to itsissues, delivery and duration are keys to itssuccess:success:

ExampleExample -- L3 Crestview AerospaceL3 Crestview Aerospace

ExampleExample -- Quonset PointQuonset Point


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Questions & AnswersQuestions & Answers

Potentially there will be time to discussPotentially there will be time to discussProject Labor Agreements.Project Labor Agreements.

Open Q & A from the floorOpen Q & A from the floor


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Before You LeaveBefore You Leave

PLUS: GetPLUS: Getfreefree Insider Access to all ProjectionsInsider Access to all Projectionsresources: visitresources: visitwww.UnionProof.comwww.UnionProof.com to sign upto sign up

Have specific questions? Go toHave specific questions? Go towww.ProjectionsInc.comwww.ProjectionsInc.com or call 877or call 877--448448--97419741

Attendees who remained alert and awake for mypresentation will receive a copy of my book:

Union Proof Creating Your Successful Union Free Strategy


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Pending LegislationPending Legislation

Project Labor Agreements (PLA)Project Labor Agreements (PLA)

Take away workers rights to voteTake away workers rights to vote

Gives unions bargaining exclusivity during the life ofGives unions bargaining exclusivity during the life of

the government contractthe government contract PLAs are called prePLAs are called pre--hire agreements generallyhire agreements generally

prohibited by the NLRA but an exception exists forprohibited by the NLRA but an exception exists forthe construction industrythe construction industry see the definition on thesee the definition on the

ABC supported siteABC supported site PLAs mandate employers and employees to adherePLAs mandate employers and employees to adhere

to typical archaic work rules, job restrictions andto typical archaic work rules, job restrictions andinflexibilityinflexibility

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