RGCI - Employees are Talking About Unionizing – Help!

Employers generally strive to create an environment that is fair, safe, and pro-employee. So, when employers hear that their employees want to unionize, it truly puzzles and frustrates them, leaving them wondering - why is this happening? Employees often see unionizing as a way to negotiate from a position of strength over wages, safety, benefits, and other job-related issues that individuals acting alone cannot normally solve. This article provides details about the union process and guidance as to how employers can be prepared to respond.

Right-to-Work States

There are 27 states with "right to work" laws that may reduce the chances of your employees unionizing. According to the National Conference of State Legislatures (NCSL), employees in these states have the freedom to decide whether they want to join a union in an organized workplace. They cannot be compelled to join or to pay union dues if they choose not to join. The important point here is that even if they choose not to join the union or pay dues, they still receive the same protections as if they had.

What Are the Laws Covering Unionization?

The National Labor Relations Act (NLRA) of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action, such as strikes. Knowing factors like who can form a bargaining unit, who is eligible for union membership, what employers, employees, and unions can and cannot do, and what an election win or defeat means can help determine if unionizing is even possible under applicable labor law standards. The NLRA covers most private sectors; however, the Act does not cover federal, state, or local governments. Knowing the laws in your state that apply to your business and those applicable to the unionization process will put you in a better position to respond to attempts by employees to unionize.

Why Do Employees Unionize and How Can Employers Be Proactive?

There are several key factors that may cause employees to lean towards unionizing. Here are a few examples:

  • Workplace Safety – health and safety issues are often the center of a campaign as workers are angered when they are not already a primary focus of employers.
  • Unfair Treatment – this may include favoritism, feeling humiliated, embarrassed, belittled by management, or overlooked for a promotion.
  • Pay and Benefits – generally, employees equate union membership with better wages and benefits, but this is not always guaranteed. As job insecurity rises and wages stagnate, employees often feel disconnected from decision-making processes over their pay and benefits.
  • Disregarding Complaints and Grievances – ignoring employees' claims of any mistreatment or wrongdoing gives unions the power to protest for unionizing in their favor.

Here Are a Few Ways Employers Can Be Proactive:

  • Show employees you care about their well-being by ensuring safety standards are appropriately maintained and frequently communicated to employees.
  • Create a culture that supports open and effective communication with the goal of making certain that employees feel heard and their opinions are valued.
  • Foster a sense of belonging and commitment by encouraging and investing in your workers' education and training, illustrating that you are supportive of their personal and professional goals.
  • Implement and consistently practice fair and reasonable policies and procedures and provide a clear dispute resolution process.

Who is Eligible to Join a Union?

All employees, with the exception of management, are eligible to join a union unless spelled out differently during negotiations. Management employees and those classified as executives present a conflict of interest to unionization and thus cannot be involved in union activities. Their roles generally are limited to bargaining on behalf of the employer and not for the employee. Additionally, any roles that oversee employees with regard to hiring, firing, promoting, and making decisions about employee status are not eligible to join a union.

Employer/Union Rights and Obligations

As mentioned in a previous article (What is Employer/Union Rights and Obligations?), knowing your rights and obligations as an employer will help you respond when employees are in the process of unionizing.

The Path to Union Representation

There are two paths toward unionization:

  1. As an employer, you can voluntarily recognize the union as your employees' representative based on signed union authorization cards. This signals your willingness to work collaboratively and negotiate employment issues. But once the union is certified by the National Labor Relations Board (NLRB), you are legally obligated to engage in good faith bargaining with the union representative over employment terms and conditions OR
  2. To form a union, at least 30% of employees must sign cards or a petition in favor of the union. If the majority of those employees vote in favor of the union, the NLRB will be certified as the collective bargaining representative for the employees.

Unionization Preparation

Initially, as an employer, you will not know the reasons your employees have chosen to unionize, so what should you do to prepare? Below are some suggestions:

  • Review employee compensation with market analysis. Conducting a compensation analysis gives an impartial idea of competitive salaries across the organization, provides insight into what may be requested during negotiations, and/or provides justification for current rates. This also allows you to forecast pay structure decisions ahead of those discussions.
  • Review and retain any historical data on employee issues, such as complaints and grievances. Ask yourself whether the documentation surrounding the process for handling complaints and grievances is coherent. Was the outcome fair, and what was the timeline from the start to the resolution? This information will not only help provide past narratives but also give you a guideline for addressing employee issues during negotiations.
  • Inform site leads/management to ensure there is no interference and treat employees fairly during this process. During the union preparation process, it is illegal for employers to engage in certain conduct that violates the rights of their employees. Examples are listed in a previous blog, "Employer Union Rights."
  • Gage responses for hypothetical union campaigns. Think about how you would respond to any demands that would be presented. If feasible, retain a labor law attorney to assist with important legal responses – when a union files an election petition to unionize, as a company, you will need to know how to respond to important legal issues.

The Redstone GCI HR Team is available to provide guidance and support as you navigate the process of preparing for unionization. Our team will work with you to ensure that all necessary aspects are thoroughly addressed, setting the stage for productive and efficient bargaining procedures. You can rely on us to assist you every step of the way, offering expert insights and comprehensive assistance to help you navigate this important organizational transition.

Written by Hibah Setayesh

Hibah Setayesh Senior Managing Consultant Hibah joined Redstone Government Consulting, Inc. in 2023 with a wealth of progressive human resources experience in the federal government contracting industry. She provides HR consulting services to our customers on a vast array of issues, to include Service Contract Act, negotiations and administration of Collective Bargaining Agreements, resolving complex employee relations issues, conducting investigations, providing policy and procedure development and guidance, HRIS advisement and other HR-related compliance initiatives. Hibah stays abreast of the various requirements of the Department of Labor and, of great importance to government contractors, the Office of Federal Contract Compliance Programs, as well as other federal and state regulations impacting human resources. Professional Experience Prior to joining Redstone Government Consulting, Inc. Hibah served over 11 years in various HR roles within government contracting. She started her career as a Program Assistant to support proposal development and contract bidding. She soon transitioned to the HR department where she began as a Recruiter and grew into a Sr. HR Business Partner. During this time, she worked on the full employment life cycle from recruiting, onboarding, policy development, job descriptions, employee investigations and off boarding. Her primary focus became compliance and administration of SCA contracts and Collective Bargaining Agreements, to include negotiating, reviewing trends and employee relations. She supported executive leadership while working closely with management and employees to improve work relationships, build morale, and increase productivity and retention.

About Redstone GCI

Redstone GCI is a consulting firm focused on fulfilling the needs of government contractors in all areas of compliance. With a singular mission to help contractors through the multiple layers of “red tape,” we allow contractors to focus on what they do best – support their mission with the U.S. Government. We are home to a group of consultants made up of GovCon industry professionals, CPAs, attorneys, and retired government audit and acquisition professionals.

Our focus and knowledge of audit and compliance functions administered by DCAA and DCMA will always be at the heart of what we do. However, for the past decade, we’ve strategically grown to support other areas of the government contractor back-office with that same level of focus and expertise. We’ve added expertise in contracts management, subcontract administration, proposal pricing, various software systems, HR and employment law, property administration, manufacturing, data analytics/reporting, Grant specialists, M&A, and many other areas. When we see a trend in the needs of contractors, we act to ensure we can provide the best expertise in the market to fulfill those needs.

One thing our clients can be certain of is that with the Redstone GCI Team in your corner, there is no problem too big and no issue too technical for our team to tackle.

Topics: Human Resources, Government Regulations, Employers and Unions