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.