AHCA/NCAL/MECF 58th Annual
Convention and Exposition
October 7-10, 2007
Boston, MA
Seminar Code: B-4
Dealing with the Union Challenge: A New Era
Wednesday, October 10, 2007
8:00 am – 9:00 am
Alan B. Howald
President
J.W. Hickey & Associates
6100 Channingway Boulevard, Suite 403
Columbus, OH 43232
614-575-2800
Change To Win Coalition Member Unions
ü Service Employees International Union (SEIU)
ü United Food and Commercial Workers (UFCW)
ü International Brotherhood of Teamsters (IBT)
ü UNITE HERE
ü Laborers’ International Union of North America (LIUNA)
ü United Brotherhood of Carpenters and Joiners of America (UBC)
ü United Farm Workers (UFW)
J.W. Hickey & Associates Columbus, Ohio
New Era Organizing Tactics
ü Salting
ü Card Check
ü Neutrality Agreements
ü Corporate Campaigns
ü Virtual Organizing
ü IRS 990 (For Non-Profit)
ü Radio and TV Ads
ü Use of Internet
ü Web sites
ü E-mail
ü Video
J.W. Hickey & Associates Columbus, Ohio
The Corporate Campaign
ü Term “corporate campaign” is generally understood to represent a broadly based, wide-ranging and long-running program of legal, regulatory, economic, political and psychological warfare waged by a union or a coalition of unions against a target company that has in some significant way opposed the interest of organized labor.
ü The goal of certain corporate campaigns is to either “reduce targeted non-union companies market shares enough so that they will abandon their deep-seeded hatred of unions, or put them out of business.”
ü A union official has described corporate campaigns as swarming the target employer from every angle, great and small, with an eye toward inflicting upon the employer “the death of a thousand cuts rather than a single blow.”
ü “You have got to develop a plan such that you feel totally confident that if you proceed from Point A towards Point Z, there is a breaking point or point of compromise, a Point C. But there has to be an escalation of the fight, you have to create more tension…”
J.W. Hickey & Associates Columbus, Ohio
Sample Neutrality Agreement
Neutrality means the following. The Employer will advise its employees that it welcomes the selection of a collective bargaining representative by its employees, and that it has constructive and positive relationship with the and other labor organizations at other locations.
The Employer will not provide any support or assistance of any kind to any person or group, which is opposed to the selection of the Union as the bargaining representative of employees.
The Employer will not make any statements or representations as to the potential effects or results of union representation on the Employer, the Facility, the customer(s) of the Employer, the employees or any group of employees, except as provided herein.
Within 3 business days of a request by the that it do so, the Employer will hold a meeting (or meetings) for all employees in the Bargaining Unit during work time. At such meeting, the Administrator or another official of similar rank shall read the Letter and Fact Sheet in full, and shall reiterate that the Employer encourages, and does not oppose, efforts by its employees to join labor unions.
J.W. Hickey & Associates Columbus, Ohio
Neutrality and Card Check Agreement Elements
ü Card check procedure – 50 plus percent of employee signatures
ü Access rights
ü “Gag” on employer communications to employees
ü Arbitration/mediation of disputes
ü Employer agreement not to utilize consultant
ü No NLRB involvement
ü Preferential hiring of union members
ü Subcontractor and supplier unionization requirements
ü Expedited first contract settlement including “interest” arbitration
ü Agreement not to hire permanent replacements
ü Union agreement not to involve media and other third parties
ü Union agreement not to handbill, picket or boycott employer
ü No negative attacks by union on employer’s representatives (officers, board and suppliers) or on quality of employer’s products and services
Positive NLRB Campaign Agreement:
ü Employer and union agreements, not to mention executive salaries and union leader salaries
ü Agreement not to discuss union strike record
ü Agreement not to discuss union unfair labor practice and litigation record
ü Union agreement not to question the quality of products and services of the employer
ü Union agreement not to handbill/picket
ü Expedited NLRB election – stipulated voting unit and no representation hearing
ü Mutual advance review of each party’s campaign materials
ü Prohibition on employer “captive audience” speeches
ü Prohibition on employer use of video campaign material
ü No media involvement by union
J.W. Hickey & Associates Columbus, Ohio
Sample Union Authorization Card
SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO/CLC
UNION AUTHORIZATION CARDSEIU™
Stronger TogetherI Hereby Authorize The Service Employees International Union To Act As My Sole And Exclusive Collective Bargaining Representative.
Name
Address Home PhoneCity State Zip Cell/Pager
Worksite Building
Employer
Signature Date
J.W. Hickey & Associates Columbus, Ohio
10 Facts Every Manager Should Know About
Union Authorization Cards
1. A decision will be made to get cards signed in virtually every union drive.
2. You will not be formally notified when the union commences its campaign to get cards signed.
3. Members of the employee organizing committee most frequently are the ones who attempt to get other employees to sign a card.
4. An employee’s right not to sign a card is protected by federal law.
5. A manager/supervisor’s right to encourage employees not to sign cards is protected under federal law.
6. The employee who signs a card legally designates the union as their representative and the card can be used to verify that the employee wants to be represented by that union.
7. Unions can use signed cards as the basis for demanding recognition from a company without an election when more than 50% of “eligible employees” sign cards. (Unions often seek employer agreement to be recognized if they get 50% + signed and agreement the employer will not interfere with card signing).
8. Unions can use signed cards as the basis to obtain an election conducted by the NLRB if 30% or more of the employees in an appropriate unit sign cards.
9. The NLRB will not require a union to return a signed card to an employee who requests it back.
10. Unions have sometimes “gotten in” because a member of management looked at the signed union cards.
J.W. Hickey & Associates Columbus, Ohio
Managing To Corporate Campaign Activities
ü Keep labor activity in front of senior management
ü Preempt union efforts to discredit with community and business leaders, politicians, press, etc.
ü Avoid a “defensive” posture, push your message aggressively
ü Identify and inform key audiences regarding targeted efforts
ü Have broad based government relations and media strategy in place
ü Identify vulnerabilities and build strong defenses
ü Be prepared for personal attacks on CEO and senior management
ü Address union charges point by point
ü Enlist allies
ü Stick to the broad strategy when pressure becomes intense
ü Prepare and educate management for corporate campaign
J.W. Hickey & Associates Columbus, Ohio
New Action To Consider In Light Of NLRB Rules For Supervisory Status
ü Review design of management structure to identify all individuals whom the employer desires to be supervisors.
ü Revise job descriptions (and actual job duties) of desired supervisors to reflect supervisory functions recognized by the Act other than assigning work or directing others, such as hiring, disciplining, transferring, laying off/recalling, promoting and rewarding.
ü When uncertain whether particular members of an employer’s management structure are “supervisors” grant additional responsibilities and reward or discipline them if they fail to meet the objectives and responsibilities assigned.
ü Modify pay programs to reward supervisors for exceptional performance in supervisory matters.
ü Document any disciplinary action with respect to unsatisfactory performance in supervisory functions.
ü Review collective bargaining agreements and proposals in negotiations to ensure work duty restrictions contained within agreements and proposals do not erode independent judgment.
ü Review whether certain employees should now be included or excluded, due to supervisory status, from existing bargaining units.
ü Review training programs to be certain that non-supervisory employees are not being asked to participate in training designed to respond to union organizing.
ü Provide training sessions for individuals who are clearly supervisors under the Act to educate them on the importance of not committing unfair labor practices that are the ultimate responsibility of the employer.
J.W. Hickey & Associates Columbus, Ohio
Elements to Meet Union Challenge
ü An employee selection process that evaluates both the applicant’s skills for the job and whether they “fit” within your particular organization’s culture.
ü A pay and benefit program that is competitive and the best you can afford. These programs and how they came to be should be clearly communicated.
ü Develop and communicate a clear corporate philosophy – what and who we are – and live that philosophy.
ü Provide good, safe working conditions and the best affordable equipment.
ü A new hire orientation program that clearly communicates the facility’s policies, benefits and expectations.
ü Provide sound employee job training and opportunity for advancement when possible.
ü Know what is happening in your area with regard to labor relations/union organizing.
ü A system of progressive discipline and due process should be in place.
ü Ensure that policies and procedures are understood and consistently followed.
ü A communication system that ensures that information flows to and from all levels of the organization and that management is seen as the “source” of accurate and timely information.
ü Monitor employee attitudes and morale.
ü Ensure that your management team – including supervisors or team leaders – are trained in the use of good interpersonal skills and positive employee relations practices.
ü Involve employees in problem solving and allow them to contribute ideas that will improve the working environment.
J.W. Hickey & Associates Columbus, Ohio
Human Resource Quality Assessment
A Tool for Self-Assessment of “The Critical Success Factors of Human Resource Management”
J.W. Hickey & Associates Columbus, Ohio
Assessment Goal and Objectives
Goal:
To assess Human Resource practices that promote or enhance positive relations throughout a Facility, as well as, foster an environment of respect, trust, open communication, and mutual understanding.Objectives:
1. By providing a simplistic process to quantify key Human Resource components from multiple perspectives.2. By utilizing a self-assessment process to initiate reflection and review of current practices.
3. By providing interpretation and understanding of existing situation in comparison to an ideal situation.
4. By establishing a database that collects information, processes, and references for benchmarking of best practices to be used for continuous improvement.
General Information and Current Situation
Total Staff:
Total Non-Exempt/Non-Supervisory Staff:
Total Exempt/Supervisory Staff:
Number of Non-English Speaking Staff:
How often do you communicate Facility business plans and status?
o Monthly o Quarterly o Bi-Annually o Annually o N/A
Is there a strong business strategy with your parent and sibling facilities?
o Yes o No
Are you/have you conducted any Positive Labor Relations Training within the last year? o Yes o No
Do you regularly update Staff on key policies and practices? o Yes o No
Do you have resources (consulting, legal) available for guidance and assistance?
o Yes o No
Critical Success Factors of Human Resource Management
Supervisory Selection and Practices
Supervisory Selection: The ability to effectively select Supervision that have the ability to transfer skills appropriate to Facility culture, policies, leadership philosophies, as well as maintain trust and respect.
Scoring = 1 Scoring = 3 Scoring = 7 Scoring = 10
No documented criteria, based on subjective information.c / Use discussion with Staff leadership (use notes for documentation).
c / Use past performance reviews and discussion with Staff leadership (use notes for documentation).
c / Use past performance reviews input from Staff leadership and detailed selection criteria with weighted outcomes.
c
Comments =
/ Score =Supervisory Education/Training: Offering growth and development opportunities to Supervisors that is predicated on the needs of the individual, the Facility, subordinates, and ties into an overall succession plan.
Scoring = 1 Scoring = 3 Scoring = 7 Scoring = 10
No formal education or training activity for Supervisors.c / Some ad hoc training but no plan or strategy and little to no tracking.
c / Use a training plan but not tied in to individual needs and capabilities.
c / Use a comprehensive strategy tied to Facility and individual needs. Part of overall succession plan.
c
Comments = / Score =
Critical Success Factors of Human Resource Management
Supervisory Selection and Practices (Continued)
Labor Knowledge and Positive Staff Relations as part of Supervisor Review: Implementing an effective tool to assess the labor knowledge and Staff relations practices in practical settings for constant improvement and understanding.
Scoring = 1 Scoring = 3 Scoring = 7 Scoring = 10
No review and/or assessment of Supervisory knowledge and understanding.c / Conduct Supervisory review but no attention to labor understanding.
c / Conduct Supervisory reviews with section to assess knowledge of labor relations.
c / Conduct Supervisory reviews with section to assess knowledge of labor relations and training to compliment.
c
Comments =
/ Score =
Critical Success Factors of Human Resource Management
Manpower and Staffing Practices
Application Monitoring: Diligence in reviewing candidate applications in hourly or exempt positions that might suggest missing or incorrect information that should cause concern for their fit within the Facility culture.
Scoring = 1 Scoring = 3 Scoring = 7 Scoring = 10
No system to pre-screen applications.c / Applications pre-screened but not formal or consistent process.
c / Applications pre-screened using select documented criteria.
c / Applications prescreened using select documented criteria, possible outside service to review.
c
Comments =
/ Score =Hiring Practices: Conducting appropriate background checks, reference checking, looking at work history, etc. to determine the reliability and capability to adapt to your environment, structure, and systems.