Robert M. Vercruysse, Editor; Ann M. Nicklas, William E. Altman, Associate Editors
Vercruysse Murray & Calzone, P.C.

Vol. 19, No. 4
June 2008

QUICK TIPS

Is a union targeting you?

Gary S. Fealk

Unions are always looking to expand their membership because dues-paying members are their source of income. With reductions in force occurring in traditional union strongholds like the automobile, airline, and steel industries, unions are branching out by targeting service and retail industries. Also, a lot of former union members are looking for work. With all that going on, you need to be aware of the warning signs that a union may be targeting your company.

How do unions organize?

Union organizers can be professionals sent by a union to organize your workforce or they can be employees at your company who attempt to organize from the inside. You can keep nonemployee union organizers off your property only if you have a no- solicitation policy that's equally applied to union organizers as well as other solicitors.

Unions organize by getting employees to sign cards authorizing a union to represent them. If a union gets 30 percent of the employees to sign a card, it's entitled to an election presided over by the National Labor Relations Board (NLRB). Usually, unions wait until they have authorization cards signed by at least 60 percent of the employees before they file for an election because the union tends to lose support once the company starts campaigning against it. To win, a union must get more than 50 percent of the employees voting in an election to vote in its favor.

Because that can be tough to do, before asking for an election, a union might try to trick you into authenticating that your employees signed authorization cards. If you do that, the union can get in without an election. Never look at or take cards presented by a union, and make sure your supervisors know not to accept cards or look at them. Tell the union to ask the NLRB for an election if it wants one.

Unions are also lobbying Congress to pass the "Employee Free Choice Act," which would allow a union to get in without an election. A version of the legislation passed the House of Representatives but was stopped in the Senate. The Democratic candidates for President have stated that they would sign such a bill.

What are the warning signs?

Even if the union does a good job of keeping its efforts quiet, certain behavioral changes may signal that an organizational campaign has begun. Employees who are interested in becoming unionized generally feel dissatisfaction with their compensation or working conditions. Union propaganda that employees are being treated unfairly is intended to increase their level of dissatisfaction. That unrest may manifest in a sharp increase in complaints or questions about the differences in pay between your company and other companies. In addition, since the union is attempting to create a divide between management and the workforce, employees may suddenly seem withdrawn and short with supervisors. Indeed, some unions even instruct employees not to socialize or engage in nonwork-related conversations with supervisors.

You may also notice new associations between employees who never seemed to have anything in common before or employee discussions that suddenly break up when a manager arrives. Or you may notice a sharp divide developing between two groups of employees. Unbeknownst to you, those groups may represent union supporters and workers who oppose the union. Of course, when rumors of union activity arise, union cards surface, or employees begin talking about grievances, bumping rights, and other union ideas, you should realize that an organizing campaign is being conducted.

If those signs appear, begin training you supervisors on how your company can lawfully combat the union campaign before the organizing effort leads to an election. Remember, you cannot promise benefits, threaten employees who support the union, interrogate workers about their union views, or engage in surveillance to find out who might be supporting the union.

Bottom line

Unions are looking for new members. Recognize the warning signs and develop a lawful strategy to respond to union promises and attacks on your company.

Gary is an attorney and shareholder in Vercruysse, Murray & Calzone, P.C., in Detroit. You can reach him at gfealk@vmclaw.com or (248) 433-8708.

Copyright 2008 M. Lee Smith Publishers LLC

MICHIGAN EMPLOYMENT LAW LETTER is intended to provide information but not provide legal advice regarding any particular situation. The information in this Law Letter is to make you aware of the implications of several contemporary problems. This Law Letter is not intended to be, and should not be regarded as, a legal opinion or legal advice. It is simply not possible or prudent to offer legal advice or a legal opinion without a prior thorough investigation and analysis of the facts attendant to any specific situation.