Winning Results: Successful Union Free Strategies

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Successful Union-free Successful Union-free Strategies Strategies Peter J. Bergeron Peter J. Bergeron Vice President, Client Vice President, Client Services Services Winning Results: Winning Results:

description

Presentation given by Peter Bergeron, Vice President of Client Services at Projections, at recent Associated Builders & Contractors convention

Transcript of Winning Results: Successful Union Free Strategies

Page 1: Winning Results:  Successful Union Free Strategies

Successful Union-free Successful Union-free StrategiesStrategies

Peter J. BergeronPeter J. Bergeron

Vice President, Client Vice President, Client ServicesServices

Winning Results:Winning Results:

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AgendaAgenda Current Union Organizing Rules – RecapCurrent Union Organizing Rules – Recap Unionization – Costs to AvoidUnionization – Costs to Avoid Analyzing A Slim Margin Of Victory & Believe It Or Analyzing A Slim Margin Of Victory & Believe It Or

Not…Not… Employee Free Choice Act (EFCA) Proposed & Employee Free Choice Act (EFCA) Proposed &

Specter’s versionSpecter’s version 2009/10 EFCA…No/Short Elections?2009/10 EFCA…No/Short Elections? Preventing Your Next Election?Preventing Your Next Election? Develop Your Strategic Team Develop Your Strategic Team Elements Of Your Strategic PlanElements Of Your Strategic Plan Successful Communications VehiclesSuccessful Communications Vehicles Questions, Answers & Pending Legislation (PLA’s)Questions, Answers & Pending Legislation (PLA’s)

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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 union Election is by secret ballot. The union

must win by at least 50% plus 1 vote – must win by at least 50% plus 1 vote – a tie goes to the companya tie goes to the company

Union is usually certified within one Union is usually certified within one week after the election provided no week after the election provided no objectionsobjections

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Some Costs Of Unionization…Some Costs Of Unionization… Typically there are job restrictions reducing Typically there are job restrictions reducing

flexibility/interchangeability of employees = flexibility/interchangeability of employees = increased manpower, 5%, 10%, 20%, 30%?increased manpower, 5%, 10%, 20%, 30%?

Restrictive layoff and recall procedures – forcing Restrictive layoff and recall procedures – forcing layoffs of good workers/retention of poor perf’s layoffs of good workers/retention of poor perf’s

Inability to deal directly with your emp’s – must Inability to deal directly with your emp’s – must go through a third party or stewardgo through a third party or steward

Union Stewards/Union Officials paid time off the Union Stewards/Union Officials paid time off the jobjob

Grievances & ArbitrationsGrievances & Arbitrations Preparation for NegotiationsPreparation for Negotiations NegotiationsNegotiations

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Some Costs Of Unionization… Some Costs Of Unionization… (Cont’d)(Cont’d)

Strike contingency planning & StrikesStrike contingency planning & Strikes Impact of Strikes on Future HiringImpact of Strikes on Future Hiring Added staffing in HR, Support & Admin Added 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 and Training of management on the terms and

conditions 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 election – 53 to 47!You win the election – 53 to 47! Big collective sigh of reliefBig collective sigh of relief Upper Management is now on a sugar Upper Management is now on a sugar

high and takes all the credit for the high and takes all the credit for the victoryvictory

The euphoria last only a short few The euphoria last only a short few days/weeksdays/weeks

Reality sets in and management quickly Reality sets in and management quickly says “We don’t have to worry about that says “We don’t have to worry about that union crap for another year – Thank God!union crap for another year – Thank God!

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Hypothetical Slim VictoryHypothetical Slim Victory

HR has already started counting the HR has already started counting the days/weeks until the next electiondays/weeks until the next election

Regardless if EFCA passes or not, the Regardless if EFCA passes or not, the union only needs to convince a handful of union only needs to convince a handful of employees to change their mind!employees to change their mind!

A couple more broken promises and a few A couple more broken promises and a few beers at the union hall and the union wins beers at the union hall and the union wins the next election. Or, with EFCA, a card the next election. Or, with EFCA, a card check win or quick election win is in the check win or quick election win is in the bag!bag!

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Hypothetical Slim VictoryHypothetical Slim Victory HR communicates their concerns to upper HR communicates their concerns to upper

management as well as their management as well as their recommendations for implementing strategic recommendations for implementing strategic proactive measuresproactive measures

Upper management listens, nods their heads Upper management listens, nods their heads and politely says “Thank you Human and politely says “Thank you Human Resources”Resources”

After the presentation, one can almost hear After the presentation, one can almost hear upper management saying “I think those HR upper management saying “I think those HR folks are smoking something funny again”folks are smoking something funny again”

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

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Hypothetical Slim Victory - Believe Hypothetical Slim Victory - Believe It Or Not…..It Or Not…..

Some companies win union elections when Some companies win union elections when they………………they……………… Don’t practice any positive employee relations Don’t practice any positive employee relations Don’t have a show-stopping issueDon’t have a show-stopping issue Don’t believe that union organizing rumors or Don’t believe that union organizing rumors or

threats 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 – not yours I’m sure!)(Some other company – not yours I’m sure!)

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Hypothetical Slim VictoryHypothetical Slim Victory

So…………what do you do know?So…………what do you do know? Pray………the union may tie you up with Pray………the union may tie you up with

post-election Unfair Labor Practices (ULP’s) post-election Unfair Labor Practices (ULP’s) – remember, you only won by six votes– remember, you only won by six votes

Prepare….in the absence of ULP’s, you have Prepare….in the absence of ULP’s, you have one year to patch things up - or do you?one year to patch things up - or do you?

Begin your “Union-Proofing” today, you Begin your “Union-Proofing” today, you must never get complacentmust never get complacent

Remember, the union only has to win Remember, the union only has to win once!!! You must always once!!! You must always win!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!win!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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Employee Free Choice ActEmployee Free Choice Act“Proposed”“Proposed”

ActivityActivity Under Current Law - National Under Current Law - National Labor Relations Act (NLRA)Labor Relations Act (NLRA)

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

Union Authorization Union Authorization Cards/Union PetitionsCards/Union Petitions

If 30% of employees sign, the union If 30% of employees sign, the union can petition the NLRB for an can petition the NLRB for an election.election.

If 50% of employees + 1 sign If 50% of employees + 1 sign cards/petitions, the union is cards/petitions, the union is automatically recognized by the automatically recognized by the NLRB as the employees' bargaining NLRB as the employees' bargaining agent. Union elections are thereby agent. Union elections are thereby eliminated.eliminated.

Organizing CampaignsOrganizing Campaigns Once the petition is filed with the Once the petition is filed with the NLRB-employees have up to 42 NLRB-employees have up to 42 days to hear facts and make an days to hear facts and make an informed decision prior to the informed decision prior to the vote.vote.

Campaigns are perpetual and never end Campaigns are perpetual and never end until the union is able to get a until the union is able to get a majority of employees to sign. majority of employees to sign. There is potential for enormous There is potential for enormous costs to companies.costs to companies.

Collective BargainingCollective Bargaining The company and the union The company and the union determine timeframe and determine timeframe and mutually agree on a contract.mutually agree on a contract.

90-day deadline to negotiate a first 90-day deadline to negotiate a first contract. If no contract, either party contract. If no contract, either party can use FMCS to negotiate or can use FMCS to negotiate or mediate a contract.mediate a contract.

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Employee Free Choice ActEmployee Free Choice Act“Proposed” – Cont’d“Proposed” – Cont’d

ActivityActivity Under Current Law - National Under Current Law - National Labor 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 issue No agreement in 30 days, the issue goes to an arbitration board.goes to an arbitration board.

ArbitrationArbitration Also optional, either party can Also optional, either party can request - this is very rarely used.request - this is very rarely used.

Arbitration board (3 arbiters) will Arbitration board (3 arbiters) will determine the terms of the first contract determine the terms of the first contract for two years.for two years.

DecertificationDecertification A process that can be initiated by A process that can be initiated by employees 12 months following the employees 12 months following the union's certification.union's certification.

Can't begin until after the 24-month Can't begin until after the 24-month first contract period.first contract period.

Penalties for ViolationsPenalties for Violations Varies depending on each situation Varies 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(Cont’d)(Cont’d)

What will this piece of legislation morph What will this piece of legislation morph into?into? It is anyone’s guessIt is anyone’s guess Latest rumors: Arlen Specter’s Proposal – 9/14/09Latest rumors: Arlen Specter’s Proposal – 9/14/09

Preserves the secret ballot electionPreserves the secret ballot election Shortened election times, e.g. 5 or 10 days – much like Shortened election times, e.g. 5 or 10 days – much like

some Canadian Provincessome Canadian Provinces Allow union organizers guaranteed access to employees Allow union organizers guaranteed access to employees

if company holds mandatory anti-union meetings on if company holds mandatory anti-union meetings on company timecompany time

Treble damages for companies that violate labor lawsTreble damages for companies that violate labor laws Mandatory arbitration if a contract isn’t negotiated Mandatory arbitration if a contract isn’t negotiated

within a few monthswithin a few months

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2009/10 EFCA…No/Short 2009/10 EFCA…No/Short Elections?Elections?

2009/10 EFCA – No Election or Short 2009/10 EFCA – No Election or Short Election Period…My Predictions……..Election Period…My Predictions…….. The Union will always be in a campaign The Union will always be in a campaign

modemode Incredibly exhausting Incredibly exhausting CostlyCostly War of attrition…see Richard Trumka’s quoteWar of attrition…see Richard Trumka’s quote You You MUSTMUST become proactive become proactive You You MUST MUST initiate a corporate cultural change initiate a corporate cultural change

or…………..you may pay a very dear price!!!or…………..you may pay a very dear price!!! Remember – unionization, in most if not all Remember – unionization, in most if not all

cases, results in marginalized profitscases, results in marginalized profits

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2009/10 EFCA…No/Short 2009/10 EFCA…No/Short Elections?Elections?

Richard Trumka’s definition of a Richard Trumka’s definition of a corporate campaign: “Corporate corporate campaign: “Corporate campaigns swarm the target employer campaigns swarm the target employer from every angle, great and small, from every angle, great and small, with with an eye toward inflicting upon the an eye toward inflicting upon the employer the death of a thousand employer the death of a thousand cuts rather than a single blow” cuts rather than a single blow”

I submit, the same quote can very aptly I submit, the same quote can very aptly describe union organizing under EFCA describe union organizing under EFCA

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2009/10 EFCA…No/Short 2009/10 EFCA…No/Short Elections?Elections?

2009/10 EFCA – No Election or Quick Election2009/10 EFCA – No Election or Quick Election Never Forget, The Union will always be in a Never Forget, The Union will always be in a

campaign so…….you need to think about your campaign so…….you need to think about your messages!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 ADEQUATELY WILL OR CAN YOUR COMPANY ADEQUATELY

RESPOND IN AN EFCA ENVIRONMENT?RESPOND IN AN EFCA ENVIRONMENT?

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2009/10 EFCA…No/Short 2009/10 EFCA…No/Short Elections?Elections?

It’s 2009/10: what do you do now? (Cont’d)It’s 2009/10: what do you do now? (Cont’d) Unions began using the internet in the mid-Unions began using the internet in the mid-

90’s90’s Unions are using social media to appeal to the Unions are using social media to appeal to the

younger workers, e.g. Twitter, YouTube, younger workers, e.g. Twitter, YouTube, MySpace, Facebook, Squidoo etc.MySpace, Facebook, Squidoo etc.

Why? It works, it’s fast, it’s cheap, it reaches a Why? It works, it’s fast, it’s cheap, it reaches a greater audience – remember Obama’s greater audience – remember Obama’s campaign – what did he use?campaign – what did he use?

What will your company use to combat the What will your company use to combat the above effective communication tools?above effective communication tools?

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2009/10 EFCA…No/Short 2009/10 EFCA…No/Short Elections?Elections?

It’s 2009/10: what do you do now?It’s 2009/10: what do you do now? EFCA will allow unions to run a seemingly endless EFCA will allow unions to run a seemingly endless

campaigncampaign Cards/petitions presumably won’t go stale if it’s the same:Cards/petitions presumably won’t go stale if it’s the same:

UnionUnion FacilityFacility EmployeesEmployees

Time will always be on the union’s sideTime will always be on the union’s side There won’t be any more “dress rehearsals”There won’t be any more “dress rehearsals”

You have only one option – Get You have only one option – Get proactive now!!!proactive now!!!

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2009/10 EFCA…No/Short 2009/10 EFCA…No/Short Elections?Elections?

It’s 2009/10: what do you do now? (Cont’d)It’s 2009/10: what do you do now? (Cont’d) You can’t underestimate the resolve of unions to You can’t underestimate the resolve of unions to

wage an endless campaign e.g. IBT 18 monthswage an endless campaign e.g. IBT 18 months My opinion, seemingly endless union campaigns My opinion, seemingly endless union campaigns

may unfortunately tire out small and mid-size may unfortunately tire out small and mid-size companies to the point of capitulationcompanies to the point of capitulation

You can’t let uneducated employees sign cards You can’t let uneducated employees sign cards just to get the organizers “off their backs”….just to get the organizers “off their backs”….

If elections are eliminated, the dress rehearsals If elections are eliminated, the dress rehearsals are over…there will be no second chances to are over…there will be no second chances to change your vote…all signatures will be voteschange your vote…all 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 armor – A six vote victory is not a suit of armor – they will be back – you can count on it!they will be back – you can count on it!

What do you do now?What do you do now? Change the way your company conducts Change the way your company conducts

business – (the people business) or, most business – (the people business) or, most likely, you will not win another union electionlikely, you will not win another union election

If your business does not change, you may find If your business does not change, you may find yourself negotiating with a union that matches yourself negotiating with a union that matches your cultureyour culture

Poorly run companies typically get the union Poorly run companies typically get the union they deservethey deserve

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Preventing Your Next Election?Preventing Your Next Election? Proactively remove costly reactionary Proactively remove costly reactionary

management:management: Make positive employee relations part of the Make positive employee relations part of the

culture – emphasize your direct working culture – emphasize your direct working relationship with employeesrelationship with employees

Begin inoculating your new employees day one Begin inoculating your new employees day one – review your orientation program and include – review your orientation program and include your union-free statementyour union-free statement

Conduct annual union vulnerability Conduct annual union vulnerability assessments - identify both real and perceived assessments - identify both real and perceived issues – commit to working these issuesissues – commit to working these issues

Continually review your policies, procedures, Continually review your policies, procedures, handbooks, complaint procedures, etc. – handbooks, complaint procedures, etc. – ensure they are legally compliantensure they are legally compliant

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Preventing Your Next Election?Preventing Your Next Election?

Proactively remove costly reactionary Proactively remove costly reactionary management:management: Constantly communicate with your employees Constantly communicate with your employees

& their families in constructive ways – evaluate & their families in constructive ways – evaluate your communication platformsyour communication platforms

Have an energized, well-trained, committed Have an energized, well-trained, committed supervisory teamsupervisory team

Make these Union-free Best PracticesMake these Union-free Best Practices part of part of your business culture – include some/all of your business culture – include some/all of these items in sup’s annual reviewthese items in sup’s annual review

Build a culture where employee involvement is Build a culture where employee involvement is encouraged, recognized and empoweredencouraged, recognized and empowered

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Develop Your Strategic TeamDevelop Your Strategic Team

Lead HR personLead HR person Not the head of HRNot the head of HR Someone experienced, respected by supervision, very good Someone 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 Train and retrain this group until union avoidance is in their

DNADNA Keep a small group of key players “Lightening Rods” for union Keep a small group of key players “Lightening Rods” for union

activitiesactivities Labor attorney Labor attorney

Typically an outside firmTypically an outside firm Inside talent is acceptable as well Inside 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 employee’s or more)Recommended for larger campaigns (250 employee’s or more)

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Develop Your Strategic TeamDevelop Your Strategic Team Persuaders Persuaders

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 holders – functional department Involve all strategic stake holders – functional department

heads 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 employee’s or Recommended for larger campaigns (1,000 employee’s or more)more)

Outside communications vendorOutside communications vendor Projections, Inc. – don’t settle for anything less!Projections, Inc. – don’t settle for anything less!

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Elements Of Your Strategic PlanElements Of Your Strategic 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: o Who – determine who will deliver each messageWho – determine who will deliver each message

o What – messages you want deliveredWhat – messages you want delivered

o When – timing is always crucialWhen – timing is always crucial

o Where – will your messages be disseminated internally, Where – will your messages be disseminated internally, externally, bothexternally, both

o Why’s – evaluate the need for each message, andWhy’s – evaluate the need for each message, and

o How’s – the medium to use with each message e.g. How’s – the medium to use with each message e.g. team meetings, brochures, web sites, custom videos, team meetings, brochures, web sites, custom videos, off-the-shelf videos, combinations of the above, etc.off-the-shelf videos, combinations of the above, etc.

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Elements Of Your Strategic PlanElements Of Your Strategic Plan

Evaluate/Analyze your Demographics – Evaluate/Analyze your Demographics – this analysis impacts your this analysis impacts your communications planscommunications plans AgeAge RaceRace EthnicityEthnicity GenderGender LanguageLanguage ShiftShift Years of ServiceYears of Service Rate of payRate of pay CultureCulture

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Elements Of Your Strategic PlanElements Of Your Strategic Plan

Develop Your SupervisorsDevelop Your Supervisors This group is “The Company” to most employeesThis group is “The Company” to most employees They are the “company’s eyes and ears” for union They are the “company’s eyes and ears” for union

organizingorganizing Train them on proper straw polling techniquesTrain them on proper straw polling techniques Ensure this group is properly trained on the legal Do’s & Ensure this group is properly trained on the legal Do’s &

Don’ts of communicationDon’ts of communication Make a select few your “information lightening rods” for Make a select few your “information lightening rods” for

union related informationunion related information Ensure that your senior folks become mentors for your Ensure that your senior folks become mentors for your

newer supervisorsnewer supervisors This group should be a “sounding board” for any proposed This group should be a “sounding board” for any proposed

or implemented changes in policies or proceduresor implemented changes in policies or procedures Remember, this is the group that can win or lose most Remember, 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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Elements Of Your Strategic PlanElements Of Your Strategic Plan

Continually Work Your “Issues” ListContinually Work Your “Issues” List Develop your “Issues” list at least Develop your “Issues” list at least

twice/yeartwice/year Make it meaningful – don’t sugar-coat itMake it meaningful – don’t sugar-coat it The list should be both an offshoot of your The list should be both an offshoot of your

vulnerability assessment as well as vulnerability assessment as well as “perceived issues” from different parts of “perceived issues” from different parts of the organizationthe organization

You will need upper-management's You will need upper-management's commitment to this process to make it workcommitment to this process to make it work

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Elements Of Your Strategic PlanElements Of Your Strategic Plan

Cultivate Management’s CommitmentCultivate Management’s Commitment Union Avoidance “Steering Committee”Union Avoidance “Steering Committee” Vulnerability assessmentsVulnerability assessments Demonstrate the financial implications of Demonstrate the financial implications of

unionizationunionization Ideally, get every senior management Ideally, get every senior management

member of this team to sign off on the final member of this team to sign off on the final analysisanalysis

Ideally, get the business unit head to Ideally, get the business unit head to approve the analysis and approve the analysis and make this part of make this part of the team’s annual performance reviewthe team’s annual performance review

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Successful Communications Successful Communications VehiclesVehicles

My greatest successes...proactive modeMy greatest successes...proactive mode Custom Icebreaker/Orientation videos used as an Custom Icebreaker/Orientation videos used as an

adjunct to the employee orientation processadjunct to the employee orientation process Ensuring that your supervisory team is energized, Ensuring that your supervisory team is energized,

well trained and confident in their employee well trained and confident in their employee communications – Labor Look web sitescommunications – Labor Look web sites

Custom union-free or employee-centric web sitesCustom union-free or employee-centric web sites Various other forms of employee communications Various other forms of employee communications Constantly keep the employees and their families Constantly keep the employees and their families

aware of what is going on…don’t let a third party aware of what is going on…don’t let a third party fill in the “information gaps” – never forget your fill in the “information gaps” – never forget your all-important secondary audience – the spouse and all-important secondary audience – the spouse and families of your employees!families of your employees!

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Successful Communications Successful Communications VehiclesVehicles

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

Both internal and home distributionBoth internal and home distribution

One-on-one supervisor to subordinate One-on-one supervisor to subordinate distributionsdistributions

Custom web sites*Custom web sites* Some off-the-shelf training videos*Some off-the-shelf training videos* Custom 25Custom 25thth-hour videos*-hour videos*

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

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Successful Communications Successful Communications VehiclesVehicles

Custom samples…proactive modeCustom samples…proactive mode Custom Icebreaker/Orientation – Labor Custom Icebreaker/Orientation – Labor

101 on the Employee’s Day One101 on the Employee’s Day One Example - MasterbrandExample - Masterbrand Example - JB HuntExample - JB Hunt Example - NAPAExample - NAPA

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Successful Communications Successful Communications VehiclesVehicles

Custom samples…proactive mode Custom samples…proactive mode (cont’d)(cont’d) Custom Labor Look web site – custom, Custom Labor Look web site – custom,

structured web sites to proactively structured web sites to proactively communicate with your most important communicate with your most important line of defense – your supervisory teamline of defense – your supervisory team

Example – TJXExample – TJX Example – Dick’s Sporting GoodsExample – Dick’s Sporting Goods

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Successful Communications Successful Communications VehiclesVehicles

Custom samples…proactive mode Custom samples…proactive mode (cont’d)(cont’d) Custom Union Free web site – designed Custom Union Free web site – designed

to “get out in front” of the to “get out in front” of the communications curve – impacting that communications curve – impacting that all-important secondary audience all-important secondary audience (before the union does) – the spouses (before the union does) – the spouses and families of your employeesand families of your employees

Example - United Rentals (Eng/Spn)Example - United Rentals (Eng/Spn) Example - Masterbrand (Eng/Spn)Example - Masterbrand (Eng/Spn)

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Successful Communications Successful Communications VehiclesVehicles

Custom samples…campaign modeCustom samples…campaign mode Custom Union Free web site – getting Custom Union Free web site – getting

fact-based company and union fact-based company and union information for employees and families information for employees and families to view in the privacy of their homes – to view in the privacy of their homes – this vehicle works folks!this vehicle works folks!

Example – Fed ExExample – Fed Ex

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Fed ExFed Ex

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http://www.fedexfreightworkplace.com/

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Successful Communications Successful Communications VehiclesVehicles

Custom samples…campaign modeCustom samples…campaign mode Custom 25Custom 25thth-hour video – delivering the -hour video – delivering the

most impactful final message to your most impactful final message to your employees in a captive audience session employees in a captive audience session just before they vote – the content, just before they vote – the content, messages, messenger, issues, delivery messages, messenger, issues, delivery and duration are keys to its success:and duration are keys to its success:

Example - L3 Crestview AerospaceExample - L3 Crestview Aerospace Example - Quonset PointExample - Quonset Point

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Questions & AnswersQuestions & Answers

Potentially there will be time to Potentially there will be time to discuss Project Labor Agreements.discuss Project Labor Agreements.

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

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Before You Leave…Before You Leave…

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Page 40: Winning Results:  Successful Union Free Strategies

Winning Results ABC October 2009 40

Pending LegislationPending Legislation

Project Labor Agreements (PLA)Project Labor Agreements (PLA) Take away worker’s rights to voteTake away worker’s rights to vote Gives unions bargaining exclusivity during the Gives unions bargaining exclusivity during the

life of the government contractlife of the government contract PLA’s are called “pre-hire” agreements PLA’s are called “pre-hire” agreements

generally prohibited by the NLRA but an generally prohibited by the NLRA but an exception exists for the construction industry – exception exists for the construction industry – see the definition on the ABC supported sitesee the definition on the ABC supported site

PLA’s mandate employers and employees to PLA’s mandate employers and employees to adhere to typical archaic work rules, job adhere to typical archaic work rules, job restrictions and inflexibility restrictions and inflexibility