Use the list below as a guide for what management can and cannot do during a campaign. (a) It shall be an unfair labor practice for an employer - F =Fact: Do continue to share factually accurate information with employees with regard to existing SOPs, benefits, wages, processes, etc. Your workers must feel free to decide whether or not to hear or receive your message. Do not say, for example: The business will close. Our plan has won over 10,000 union elections. Describe the process for workers to petition for a union or start an organizing campaign. Trust is one of the most important factors in union-management relations. Experience teaches that managing in a unionized setting is not all that daunting if you can follow ten simple rules. A union organizing campaign is essentially a drive or movement to form a union within an organization. Often, especially in developing nations, the rule of law and civil society are non . Thus, knowing what managers lawfully may and may not tell employees during a union organizing campaign is very important. Do state the possibility of strikes and the reality of union dues. Generally speaking, employers legally can express their opposition to the union, and they can urge employees to oppose. The organizer can rally an organizing committee and can hold a union card signing event. If a union is engaged in a campaign to represent the employees, do not overreact. Don't tell union sympathizers that they will suffer in any way for their support. Which of the following laws limits union power and specifies management rights during union-organizing campaign? What the employer is lawfully permitted to do and say in its counter-campaign is the subject of Section 8(a) of the Act and a vast number of Board decisions and judicial opinions. A union organizing campaign is essentially a drive or movement to form a union within an organization. c. Workers can petition for organizing with the National Labor Relations Board (NLRB) or consult . Examples of unfair labor practices under the NLRA are: Interfering with employee rights ( 7 and 8 (a) (1)). Good practices during a unionization campaign. Your workers must feel free to decide whether or not to hear or receive your message. While there are certain things you cannot say to employees during a campaign, there is a great deal of valuable information you can relay to employees without running afoul of the NLRA including why unionization is not necessary and the consequences of having a union. a During the election campaign, employer tells his employees, "Our competitors have gone down because of unionization. Don't threaten workers with what you will do or what will happen if a union comes in. Instructions Managers often have a great deal of influence with their employees. An employer's communication must not be intimidating or coercive. Given enough years of service, lawmakers can accumulate significant assets through the Thrift Savings Plan if they contribute the maximum possible amount of salary throughout their career. During a decertification process, employers can exercise their rights protected by federal and state labor laws, and in adherence to NLRB and Administrative Law Judge rulings. the union by telling them of their legal right to actively campaign against the union, provided they observe the same rules imposed on the other employees. Determining who is a supervisor is not done . Prudent employers will exercise that care now and train supervisors on the appropriate way to communicate with workers during an organizing campaign. Steward's Corner: Legal Rights in a Contract Campaign. Inc. needs to know the names of the line managers in the company who will soon be ready to take up positions in middle management. There will be layoffs. It does not mean that employees have the right to carry on union activity during working hours or to allow their union activity to interfere with their jobs. They also cannot, without management's permission, come onto the company's private property. And one out of five union election campaigns involves a charge that a worker was illegally fired for . Discriminating against employees for NLRB activity ( 8 (a) (4)). Overtime will be eliminated. File an election (RM) petition if a union asks for recognition. What Management Can Legally Do During a Union Organizing Campaign, by Labor Experts at Labor Relations Services, Inc. Management is free to communicate with employees at almost any time. These are one of the most frequent sources of charges in an organizing campaign. Restrictions on what you can do or say applies to owners, supervi- sors, and agents. Figure 13.1: Union membership as a percentage of total employment, 1930-2015. Workers can petition for organizing with the National Labor Relations Board (NLRB) or consult with an organizer to petition. The real goal of the campaign, a union contract (the document the union and the employer negotiate and sign, covering everything from wages to how disputes will be handled), is still to be achieved. There's more flexibility in the private sector, but management still must proceed as it would without the presence . Workers can petition for organizing with the National Labor Relations Board (NLRB) or consult with an organizer to petition. May union officers and members lawfully do campaign activities during work breaks and meal periods? Tell the truth. The employer should focus on the issues rather than launching a dragnet in the workplace and sniffing out individuals behind employee dissatisfaction. Force employees to sign union cards. What Supervisors and Other Management Can Do: . If you're asked, reassure employees that you will not send their personal information to union organizers without their permission. When employees feel ignored, they often turn to union organizers or leaders for support. F = Facts . Gain enough signed cards so the final vote passes. The contributions can then be invested (with some limitations) into several funds, including one linked to the stock market. Threatening to close the plant b. Don't panic or be caught unprepared when employees talk about unionization. Open channels for feedback. If the company signs an agreement, all employees will have to pay union dues from their paychecks. . (For this purpose, break time and lunch time are not considered as working hours). The Sixth Circuit cautioned that the underlying message of labor law is that employers need "to take care in the rhetoric [they use] when discussing union issues with [their] workers.". the managers' statements were unlawful in four respects: (1) they "threatened" that it would be "futile" for workers to organize by suggesting that bargaining would start from scratch and bringing up the orlando dealership as an example of potential negative consequences; (2) they implied "promises" of wage increases by suggesting that employees For unions, clarity and discipline are essential. This Guide has been prepared by the Office of Labor-Management Standards (OLMS) of the U.S. Department of Labor (DOL) to help election officials plan and conduct local union officer elections. Supervisors and managers cannot spy on you (or make it appear that they are doing so), coercively question you, threaten you or bribe you regarding your union activity or the union activities of your co-workers. Your protection "SECTION 8. Employers cannot engage in TIPS: Threaten Interrogate Promise Spy An agent may include any- one speaking "on behalf" of the employer with sufficient authority. They can talk about the pros and cons of union membership. In the federal sector, management must remain neutral during a union campaign. Even protective or evasive "white . Create a chronological story board - your critical path - and work out how you will make that happen. Often, especially in developing nations, the rule of law and civil society are non . Conclusion In addition, stories of union corruption, when factual, can be very powerful. A supervisor should: Tell your employees that the union is pressuring your company to sign a union agreement without an election by the employees. Explain to employees that they are free to vote yes or no to unionization but that the company wants to remain union-free. You are a manager . Management runs the place. During his campaign, President Biden promised to support organized labor, and he continues to act on that promise. 2. Do not say, for example: The business will close. Tell employees that if the company signs an agreement with the Union (an outside organization), the . Prohibiting distribution of union literature in nonwork areas during nonwork time,. The organizer can rally an organizing committee and can hold a union card signing event. A) demand . Don't tell union sympathizers that they will suffer in any way for their support. Deals cannot get done without trust - and trust requires honesty. Scope of Employer Communication During Union Organizing. union organizing campaign. We can also close down since we are in the same line of business as our competitors if you vote for the union." A) The National Labor Relations Act . WHYY said in a statement, "WHYY is not anti-union nor have we made any attempts to dissuade workers from voting for the union." Station spokesperson Art Ellis confirmed it has retained Duane Morris attorney James Redeker, who has been meeting with managers and senior management to brief them on "all the legal aspects of NLRB proceedings.". Workers must be mobilized to support the union's contract demands (decided by you and your co-workers) and pressure the employer . This box of communication is considered "examples." Companies May Not Use TIPS. With the intent to keep it very simple, there are two common acronyms to learn and abide by during a union campaign: FOE and TIPS. So, as used in this Guide, "you" include individuals in these three categories. Although a union may try to create the impression that it will become a partner in the day-to-day operations of the employer's business, this is a false impression. The following guidance applies: An employer may communicate to an employee a statement of fact or opinion reasonably held with respect to an employer's business. There will be layoffs. b. During the union election campaign, which of the following is management allowed to do by law? As an employer, what you do and say during a union organizing drive is critical. You have been asked by your supervisor to write a briefing memo for senior management. Wages will go down. What employers can say during a union campaign: Let your employees know the company's desire to maintain a direct connection with them, without making them feel threatened in any way during union organizing. During a union organizing drive, a union organizer is permitted to speak with your employees during non-work hours, off company property, about joining the union. You also want to look closely at any employment-related actions . Management should never attend a union meeting, even if you are invited! Management is allowed to talk to workers about union organizing activity and to oppose it. Interfering with or dominating a union ( 8 (a) (2)). Cartoon: Nick Thorkelson. The goals for unions almost universally are the same: joining more members to the union, increasing density in workplaces, and winning better working conditions to improve the lives of working people. Agree with a union to maintain neutrality during the union organizing campaign, or choose not to so agree. Wages will go down. What Employers Cannot Do in A Union Organizing Campaign All supervisors, HR, and other members of management must be trained on what they cannot do during a union organizing campaign. They should be certain their actions do not unintentionally cause an unfair labor practice. For unions, clarity and discipline are essential. 1) Negotiation: The easiest way to end a corporate campaign is to negotiate a neutrality agreement. In a petition delivered to management on April 2, Mission nurses called for an end . The Labor-Management Reporting and Disclosure Act of 1959, as amended (LMRDA), establishes certain rights for union members and . Poll your employees to determine the truth of a union's claim of majority status, provided that you observe certain safeguards. Don't threaten workers with what you will do or what will happen if a union comes in. The business will move. management personnel during a union organizing drive. Successful contract campaigns rely on wide participation. The union organizer cannot coerce or harass your employees into joining a union. Poll your employees to determine the truth of a union's claim of majority status, provided that you observe certain safeguards. Unless organizers try to elect a new bargaining unit, once a union is voted out, legal protections guaranteeing the right to negotiate a contract and any safeguards the union previously . During negotiations for the healthcare system, the union produced YouTube . Your memo must address: a. You can't be fired, disciplined, demoted, or penalized in any way for engaging in these activities. Good practices during a unionization campaign. At Labor Relations Institute, our campaign management is tailored to your business every step of the way. Discussing the union with employees in a supervisor's office, regardless of the noncoercive tenor of your remarks. "They can have as many as they want," Bowling said, up until 24 hours before the election. Keep the following acronym in mind for the kinds of things a manager can say during a campaign: FOE. 2. Tact, forethought and consideration of the Union's role are still important, but management runs the place. Communications can take the form of simple conversations, formal speeches, and writings (handbills, letters, posters, newsletters, etc. Unions are increasingly using social media to provide real-time updates to members and to share potentially damaging messages about employers. What can management do to respond to union card-signing activity? D: Mandatory employer meetings with employees during which the employer "makes a case" against unions one week before the election. Prohibited employer conduct during a union organizing campaign can best be remembered by the acronym TIPS, which stands for threats, interrogation, promises . Make sure you are compliant with the rules enforced by the National Labor Relations Board (NLRB) when a union organizing campaign is happening in your workplace. B: A manager posts a "no solicitation" sign during the union campaign. The scope of permissible employer communications with employees during a union organizing campaign is difficult to define precisely. Listening and responding fairly to employee feedback can help ensure that a union doesn't find a welcome reception. ). Conduct an objective workplace audit, focusing on employees' views of management's responsiveness, compensation levels and provisions for workplace health and safety. You have the right to: Inform employees of your views on unions. You can accomplish the former by mandating a regular meeting . You need: A Campaign Calendar. In April 2021, President Biden issued an Executive Order creating a White House . 2. What Mission management and nurses can (and can't) do during a union drive. Go Public With Your Internal Pride. Do tell employees of how their wages compare to other unionized or non-unionized companies that offer less. Under the NLRA, it is an unfair labor practice: to threaten employees with adverse consequences if they support the union; to interrogate employees about either their or their co-workers' union sympathies or leanings; to promise employees that if they reject the . Refuse to recognize a union voluntarily. TIPS is an acronym standing for threats, interrogation, promises, and surveillance. Ensure that employees have ample opportunity to communicate with and even review their supervisors. Use the list as a guide for what management can and cannot do during a campaign. You must determine if managers are generally . Managers of such elections should be flexible and should not ignore the people's voice. Unions are motivated by a need to give voice to the voiceless. Inform them of the facts they need to make an informed decision. At the first sign of union organizing, company management often decides to do "whatever is necessary to defeat the union," as one corporate vice president put it. However, the company is prohibited by law from giving financial assistance to . Companies may not engage in such conduct during a union campaign. Yes. FOE. In response to your peers, now assume the role of a union representative working with the employees. A method to legally assess whether you're making progress. Withholding a Christmas bonus c. Creating undesirable working conditions d. Creative and aggressive tactics can demonstrate members' solidarity, resolve, and willingness to act. Employers should note carefully what they can and cannot say or do during a union organizing campaign or collective bargaining. What You As a Supervisor Can Do Tell employees that if a majority of them select the union the company will have todeal with it on all their daily problems involving wages, benefits and working conditions of employment. Overtime will be eliminated. What are the basic differences, from the employer's viewpoint, in operating in a union-free environment vs. a unionized environment?