Buyer's Guide
D oubtless most have heard about The Employee Free Choice Act, the pending fed-eral legislation that would make it much easier for unions to organize companies. Additionally, new nominations to the National Labor Relations Board (the federal agency that sets many ground rules for union organizing) may reconstitute it into an agency that may impose radical change. Anyone with experience with union issues can attest that the laws governing union-management relations are an impenetrable swamp. I have on my desk a multi-volume, sev-eral-thousand page book that only claims to hit some of the highlights of union law. Clearly, a one-page editorial is not going to get anyone up to speed on the topic. However, as I mulled it over, I realized that a few issues seemed to arise in every union drive. Here, then, are three things you can do now to get ahead of the curve: Implement a union-free policy I know this sounds silly, and I am sure you are thinking, Our employees know that this company prefers to be union free. To which I respond: You might be surprised. A union-free policy does not have to be fancy. It can be included in a handbook or dis-tributed to employees as a free-standing document. Not only does such a policy make clear the company's position on unions, but it also may trigger employee questions that give you earlier warning of union activity. Remember that a union will say almost anything to win people over. It's not uncommon for a union to get your employees to sign a union card by claiming that It's not a big deal. A union-free policy makes the point that it is a big deal. Educate your managers This is especially important for your front-line managers. They are closest to the rank-and-file employees potentially subject to unionization. These managers can do the most to help you and the most to hurt you in a union drive. The scope of training depends on the perceived threat and each company's individual philosophy, but training topics commonly include: Recognizing the warning signs of an incipient union drive. What to communicate to the company about possible union activity. Communicating with employees about a union. Communicating with employees about unions involves a bizarre set of rules. It is easy to inadvertently violate the law and give the union a leg up. It's important to teach managers the does and don'ts. What to do if approached by a union organizer. Anticipate the issues and communicate Union drives have a lot in common with government elections. If your town police department is dysfunctional, you can bet it will be an issue in the next mayoral election. Similarly, unions will latch on to whatever is irri-tating your employees and promise that the union can help. Don't be caught flat-footed. Fix the things that can be fixed easily. In particular, address safety-related issues (often a hot topic in union campaigns). I understand that you might not be able to do anything about some situations. For example, the present economic slowdown may mean that you can't give employees as much driving work as they would like. In that situation, explain what's going on and the reasons why the situation exists. Stress that it's an industry-wide problem, and you are doing your best. Don't leave an opening for a union to exploit. Anderson (Andy) Scott is a lawyer who represents companies principally trucking compa-nies in employment and union matters. He is a partner at Fisher & Phillips LLP, one of the largest and oldest law firms in the country devoted to representing management in labor issues. Andy has spoken to Alabama Trucking Association groups about union issues. Contact him with questions about this story or other matters at (404) 240-4289 or ascott@laborlawyers.com W W ORD ORD T T H E H E L L A S T A S T Unions Are Coming, Get Ready `A union-free policy does not have to be fancy. It can be included in a handbook or distributed to employees as a free-standing document.' By Andy Scott ATA_4Q09.qxp 11/25/09 09:48 AM Page 36