In answering employee questions about union salting activity,
the answers set forth below are only guidelines - you should
feel free to use your own language in making these points.
QUESTION: Why haven't you become a union contractor?
ANSWER: There are many reasons. We will get
into those in later hand-outs. Some of the things we don't
like are: (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 have to abide
by the union contract; and (4) the wages and benefits will
hurt our ability to get contracts in our current market.
QUESTION: If I don't vote the union in, can
the Company fire me because of the union activity which is
going on? Shouldn't I vote for the union in order to protect
my job?
ANSWER: Absolutely not. You have
our absolute word and guarantee that no one will be fired
for having signed a union card or having engaged in any union
activity. Besides giving our word, we believe that the
Company's record should speak for itself.
QUESTION: If an employee signs a union card,
can he change his mind?
ANSWER: Yes, he can still be against the union.
It doesn't make any difference whether he signed a card. We
know that sometimes employees sign cards because other employees
pressure them to sign cards or they just do it as a favor
to another employee.
QUESTION: Some people think that if the union
is voted in, employees will automatically be guaranteed
the wages in the current union contract. Is this correct?
ANSWER: NO. The only
thing the union wins if it gets voted in is the right to bargain
with the Company. "Collective Bargaining" would
start with the Union's demands. The Company would also have
the right to present demands. There is no requirement that
the Company sign the Union's current contract. The only
requirement is that the Company and the union will have to
bargain with each other in good faith.
QUESTION: What will the union demand in negotiations?
ANSWER: The Company believes that the Union
will demand that all of the Company's employee's become members
of the union and maintain their membership. The union also
will probably demand that its dues be automatically deducted
from your paychecks. The union also would like the company
to simply sign its current contract.
QUESTION: Will the Company agree to these
union's demands during negotiations.?
ANSWER: No.
QUESTION: Why not?
ANSWER: The management of this Company would
never agree to any union demand that would jeopardize our
ability to bid work to the general contractors we deal with
and to provide good service to our general contractors and
other customers at a competitive cost.
QUESTION: If the union is voted in, could
we lose some of our wages or benefits?
ANSWER: Yes. During bargaining, all of your
existing wages, benefits and working conditions, are subject
to negotiation. The Union could agree to eliminate certain
benefits or working conditions in exchange for something like
a "union shop" (this would require all employees
to join the Union, to pay its fees and dues, and be subject
to its rules and regulations just to work here). Since, under
the law, the Union would be certified to "represent"
all employees, the Union has the right to trade off benefits
and working conditions you have now for something the Union
really wants.
QUESTION: I thought the union would get us
higher wages and better benefits?
ANSWER: In the first place, the union can't
force the Company to do anything. Wages and benefits are subject
to negotiation and the Company's ability and willingness to
pay. What we can afford to pay depends largely on competition
and our profits. Since everything is subject to negotiation,
a union can really guarantee you nothing. The Company
is committed to making this a good place to work. It's the
Company's policy to continue to treat employees fairly and
to pay competitive wages and benefits regardless of whether
there is a union or not. Our ability to increase wages will
depend on how well we work together as a team.
Anyone who says, "the Union would get us more money,"
or let's see what the union can get for us -- we have nothing
to lose," either does not understand how bargaining works,
or is simply not telling the truth. The fact is there is absolutely
no guarantee that the Union would be able to keep what you
now have. Collective bargaining is a two-way street, and no
one can be certain where it will end up.
QUESTION: Why won't the Company just sign
the union's current contract?
ANSWER: Because there are a lot of things
we don't like about the current contract. Some of the things
we don't like are: (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 abide by
the union contract; and (4) the wages and benefits will hurt
our ability to get contracts in our current market.
QUESTION: How long will it take for the Company
and the union to agree on a new contract?
ANSWER: Sometimes it takes many months, even
a year, for a first contract to be negotiated. If no agreement
is reached, the Union's would either walk away or call a strike.
QUESTION: What happens during a strike?
ANSWER: If you went on strike, you would not
receive any wages or benefits, and you may not get unemployment
compensation. The Company would be permitted to continue business
by hiring permanent replacements for any employee
on strike. Strikes are particularly more common when negotiating
a first contract.
QUESTION: Why would the union call a strike?
ANSWER: Unions often call for strikes when
they do not get what they want during negotiations.
QUESTION: Would the Company continue to operate
during a strike?
ANSWER: Yes. The Company has a responsibility
to perform the work it has contracted for.
QUESTION: The union says that the Company
can't permanently replace employees if we go out on strike.
What's the truth?
ANSWER: If the union calls you out on strike
over money or other benefits, you are an economic striker
and can be permanently replaced on your job.
Unions rely on strikes a lot! You may have to strike whether
you want to or not. Unions have only one "tool"
to use in attempting to get "their way" ... the
strike. When there is a strike, union members must either
support it by leaving their jobs or risk paying fines for
going against the union leadership.
QUESTION: If the union is voted in and I am
dissatisfied, can I deal directly with the Company?
ANSWER: No. Under the law, if the union
is voted in, it becomes your exclusive bargaining agent
and you lose your right to deal directly with the Company
concerning your terms and conditions of employment.
Also, the program of wages and benefits agreed to at the
outset of a labor contract would not be changed during
the contract's term. Thus, a labor agreement eliminates any
flexibility for the Company to change or otherwise improve
wages or benefits during the contract's term. Instead, you
would be "locked" into whatever the Company and
the union negotiated under the contract.
QUESTION: What if we don't like the contract?
ANSWER: Once a contract exists, if employees
aren't happy with it or the Union, there is no way they can
get out from under either while the contract is in effect.
QUESTION: Why is the Company opposed to the
union?
ANSWER: We are more pro-employee than
anti-union. The Company wants to treat you fairly regardless
of whether there is a union or not. We don't think it is necessary
to pay someone hundreds of dollars per year to represent you
when you may get nothing in return. There are some downside
in getting a union in. Things such as the union being a hindrance
in our growth and tying our hands to old union practices.
Our business has been growing and has been successful. We
feel we can continue this without a union.
QUESTION: Other employees for "union
contractors" have good wages and benefits. Why shouldn't
I support the union?
ANSWER: The employer is probably a member
of the association that signed the standard union contract.
We are not a member of that association and do not plan to
join that association. I know how we treat people, and based
on our record, I don't think that a union is necessary here.
QUESTION: What will the Company do for us
(or what improvements will the Company give to us) if the
union doesn't get in?
ANSWER: First, you should understand that,
under the law, the Company is not permitted to make promises
as to what will happen in a union is not voted in. This
could be considered a bribe in exchange for trying to get
you to vote against the union. We refuse to do anything which
will improperly influence you to vote against the union. We
can promise you, however, that the Company is committed to
providing its employees with competitive wages and benefits.
QUESTION: Who does the Company submit bids
to?
ANSWER: Usually contractors that award to
the lowest and best bidders.
QUESTION: Why has the Company been getting
the work?
ANSWER: Because we have been able to submit
low bids, and because we have been able to perform the work.
QUESTION: There is some work that is prevailing
wage work, where the contractors have to pay "union rate",
isn't there?
ANSWER: Yes there is. But it is shrinking.
Now, Ohio school projects are not subject to the prevailing
wage law.
QUESTION: Couldn't the Company still get the
same jobs paying "union rate"?
ANSWER: Probably not. Significant increases
in wages would mean that our bids would have to increase.
If our bids increased, general contractors would award contracts
to lower bidders.
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