From the outset, my state’s (West Virginia) legislative decision to become a right-to-work state has faced challenges, both legal and practical. For one thing, unions have become extremely active in attempting to organize nonunion companies and facilities. The lifeblood of any union is dues, and the state’s right-to-work law has made it more difficult for unions to have unfettered access to that resource. Consequently, they’ve begun searching for new revenue streams.
Trying to stay on the right side of the National Labor Relations Act (NLRA), more employers have been turning to lawyers for assistance in preparing union avoidance strategies to maintain a union-free environment for the benefit of both the company and its employees.
When an organizing campaign has been initiated, either through a formal petition for recognition or by informal union appearances at the employer’s site, there are several things you should, and should not, do to maintain a union-free environment.
Companies May Offer Facts, Opinions, Examples
To establish an effective union avoidance plan, the acronym “FOE”—for facts, opinions, and examples—should be front of mind.
Facts. Employers are allowed to encourage managers—including employees who can’t be unionized based on their status with the company—to share facts about the union and help set expectations about what the organizing process would look like if a union became involved.
You may let employees know what the company is allowed to do legally and what the union may do during the campaign and in bargaining, along with what to expect in contract negotiations if the other side proves successful.
You may direct employees’ inquiries to the National Labor Relations Board and discuss representation statistics (e.g., unions are representing less than 7% of the private-sector workforce). Perhaps most important, you may share that the union will ask them to pay dues, which may be the equivalent of several hours of work each month. This box of communication is considered “facts.” Read more here…
Source: HR Daily Advisor