| Union salting campaign can intimidate or
cripple a nonunion contractor. Union salts want to intimidate a contractor into signing a
union contract. If the contractor refuses, union salting is designed to force the
contractor to spend money and waste time defending unfair labor practice charges before
the NLRB. There are ways to defeat union salting campaigns How does a company combat a salting campaign? Through carefully
drafted hiring policies, by making good and non-discriminatory hiring decisions, through
the publishing of and consistent application of work rules and other procedures, and
through the support of its employees.
Work rules and other procedures
The company should have a handbook. The company should
also have a written hiring policy. The hiring policy should provide that all applicants
complete the employment application, and take the necessary tests, before being considered
for hire. References should be checked before an applicant is hired.
It is important for all employees, and especially all
supervisory employees, to be familiar with the handbook, and the work-rules contained in
the handbook. Those rules should be applied consistently; to both union salts and
non-union employees. If a non-union employee is forgiven for a rule violation, and a union
salt is disciplined for the same rule violation, the prospect of prevailing on a ULP
suffers.
Employee support
Employees must be convinced that it is in their own best
interest to work for the company as a non-union company.
Employees need to be told that the union would present an
adversary relationship with management. Unions are political organization and often make a
"show" and create problems in order to justify its existence. The energy and
resources consumed in this "power" struggle would eventually steal the
flexibility, productivity and profitability of your company. Also, employees should be
reminded of the fact that union employees are frequently laid off, and union dues are used
to finance salting campaigns and targeted jobs.
There is a continuing general decline in the percentage of
the total work force holding union membership. Because of their financial problems, unions
are attempting to recruit as many new members as they can in order to survive. This is
especially true in the construction industry locally, as the Ohio legislature recently
repealed the prevailing wage applicability to school construction. What a union is
interested in is your employees' money. The primary motive to organize your employees
is purely and simply -- their dollars. Unions are big business.
Communication is the key
The process of defeating a union organizing campaign
hinges on communication. The most respected members of management must form a team
as primary communicators. Only truthful information should be passed on to employees.
Don't be timid! Take command of the situation and then stay in control.
Your supervisors have every right to listen and offer
their opinion about anything that relates to it. Being accessible to employees so that
they have an opportunity to discuss the matter is very important.
There are some key concepts that need to be
communicated:
- The employee's vote is not necessary. The union
wants the company to sign the union contract. The union contract requires the company to
employ only union members. The company's current employees are not union members. Get the
picture?
- The company does not have to sign a union contract.
The company can "force" an election. In an election, the NLRB sets up and
conducts a polling of the employees to determine if they want to have the union be the
exclusive bargaining representative for the company's employees. Keep in mind that this
rarely happens in the construction industry. In the construction industry, unions want the
company to sign a contract without an election. In non-construction industries, such a
practice would be unlawful.
- By signing a union authorization card the employee does
not become obligated to support the union. He may now understand some things that he
had no idea existed and he is therefore not obligated by his signature.
- Bargaining is a two-way street. If the union wins an
election, an employer is obligated to bargain with the union. In bargaining, things can go
up or down. It's possible to lose some things you have now.
Regardless of what the union organizer says, the union
does not have the power to deliver on anything. It can only ask, and if the company says
no, it can strike or back down. The union can guarantee nothing!
Some of the things we don't like are about the union: (1)
we hire people who we think will be good and productive workers; we don't want to base the
decision on whether people are union members or not; (2) we do not want to require that
all of our employees belong to the union or that they have to pay union dues; (3) we think
we will lose some of our current employees if we have to employ only union carpenters; and
(4) the wages and benefits will hurt our ability to get contracts in our current market.
Management's Mission
Remember that your employees will resist new things.
Management's job is to let your employees see that it is in their best interest to resist
the union.
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Fortney & Klingshirn
4040 Embassy Parkway, Suite 280
Akron, Ohio 44333
telephone 330-665-5445 - fax 665-5446 |