Each month, Management Report offers varying guidance on ways to maintain your desired union‐free status. The articles provide valuable pieces of advice that, taken together, will help an employer avoid unionization of their workplace. Some of these items represent long‐term initiatives, and some of them require an investment of time and money.
Given the opportunity on a Saturday night, what would the average moviegoer prefer to see: an historically accurate accounting of World War I or a science‐fiction epic about a galactic war? At the front of the local bookstore, which book is more likely to be prominently displayed: a history of the British monarchy or a saga of medieval times featuring dragons, elves, and magic? Sure, some people will opt for the austerity of factual accounts. However, many more are likely to opt for the mythology and escapism inherent in stories of how things might be, rather than remain in the stark reality of the present.
For managers considering union avoidance strategies, it is easy to lose the forest for the trees. Excessive focus on the tactics of union prevention can lead to a loss of strategy. Without a proper understanding and application of strategy, such tactics can become shallow and ineffective. Therefore, in this issue of Management Report we are taking a few minutes to discuss strategy. And what better way to have that discussion than by drawing an analogy to one of the world's most strategic endeavors: playing chess. There are many similarities—and one compelling difference—between modern‐day union prevention and this centuries‐old game.
Read any news website in 2024 and you are likely to find an article about artificial intelligence (AI). Many people are debating the benefits and risks of the technology, while others are simply trying to fully grasp its meaning and scope. There seems to be only one certainty, which is that AI is here to stay. This month, we take a few minutes to consider the potential impact of AI on union prevention strategies and the steps employers should begin taking to take advantage of, and mitigate the risks regarding, this new technology.
One of the more common quotes reflecting on the value of lessons that history may offer us is attributed to Spanish‐American philosopher George Santayana (1863–1952), who forewarned us that "those who cannot remember the past are condemned to repeat it." There is much to be said for that quote. Certain themes do recur, albeit in different contexts. Understanding—or at least being cognizant of—historical moments can be a useful tool in navigating modern‐day challenges. I found the recent 250th anniversary of a pivotal event in American history to be a particularly exciting event to read about and share with you, as we continue to explore strategies to maintain union‐free status.
It is that time of year again: Out with the old, in with the new. Resolutions about how the future will be better, in one way or another. A renewed sense of optimism and shrugging off the challenges of the prior year. A new year is rarely different for businesses. It is a time to review, regroup, and refocus. Union prevention efforts are no exception.
The one name that has immediately caught the attention of employers interested in maintaining union‐free status in the past year or so has been Jennifer Abruzzo, the current General Counsel for the NLRB. In this role, it is her responsibility to enforce the existing labor law. However, the power of the position also allows for initiatives to bring cases upon which the NLRB can change existing law. Depending on the political party in power and the majority control of the labor board, such changes in the law can be pro‐employer or pro‐union. In recent years, the law has developed in favor of the latter.
By virtue of reading these words, you are very likely someone who at a minimum has an interest in the topic of union‐free status. Equally likely, you or your boss has an interest in learning more about maintaining that union‐free status. After all, unionization is an important factor (among many) to consider when managing a business.
Since before the passage of the NLRA in 1935, employers have, in varying degrees, implemented measures to present unionization. In the United States, unions can present limited benefits to employers. Labor organizations, for example, can leverage their position to assist in securing certain government contracts or assistance. General contractors seeking labor peace on projects may favor subcontractors with established union relationships, and contracts with no strike clauses. However, by and large, unions bring no value to employers. To be fair, aside from unions that are willing to make significant contract concessions in return for collecting dues (commonly referred to as "sweetheart unions"), organized labor rarely markets itself as an asset for management. Unions exist, by definition of law and in practical application, to represent the interests of employees. Management, in turn, exists to represent the interests of ownership. The result of such union‐management relations can be complicated and divisive. Do they need to be?
Union‐free campaign strategies come in all shapes and sizes, and topics can be seemingly endless. Dues. Adversarial relations. Loss of direct dealing. Likewise, the means of communicating those topics can be varied. One‐to‐one meetings. Presentations. Newsletters. The style and substance of campaign points can result in dozens of different approaches. This month, I would like to delve more deeply into one of the more potent union‐free messages and, upon reflection, one of the most ineffectively communicated: strikes.
It can be said that all union prevention efforts start with a common thought along the lines of "I want to be nonunion." The reasons can vary. For some employers, it is a concern over the economics of union contracts. For others, it might be the complications of dealing with union representatives, an increased likelihood (either real or perceived) of concerted work actions or the rigors of the collective bargaining process. Some employers simply have a philosophical opposition to unionized workforces. Whatever the underlying reason(s), the desire to remain union free is the first step in maintaining union‐free status.
When discussion turns to union prevention strategies, there is a seemingly endless list of boxes that may be checked. Market wages. Fairness in decisions. Safe work environments. Education on unionization. Every month, Management Report delves into different strategies that can help assist in maintaining union‐free status. As any employer can attest, however, some strategies work in certain situations and not in others. An approach that worked five years ago may fall on deaf ears today. These varying results are due to one factor: the employee.
I recently found myself, along with dozens of other passengers, unexpectedly waiting in an airport terminal for a flight on a Sunday afternoon. Having found a highly prized seat near an outlet, I plugged in my computer and enjoyed the prized view through the window at the tarmac. For hours, I watched this sequence unfold: A plane arrives. Two workers with oddly long, red flashlights move their arms up and around in a pattern that, while random to me, guides a multimillion‐dollar piece of aerospace engineering and dozens of passengers safely to the gate. When finished, one of the workers plays a quick "drum solo" with his flashlights on a nearby vehicle before returning to the terminal.
It is difficult not to be optimistic at this time of year. Days are getting longer. Evenings are warmer. Flowers are blooming. People often look at spring as a time to clean up, freshen the landscape, and build for the months ahead. Spring gives us every reason to feel upbeat about the future as we're imbued with energy to make things better.
Let's face it: if "Inbox Zero" were readily achievable, there would not be countless articles, blogs, and strategies suggesting ways to achieve this seemingly unattainable status. The elusiveness of the goal and our never‐ending efforts to address it are symptomatic of a larger, widely accepted concern. To state the obvious, managers and supervisors are busy. Inbox Zero is elusive because too frequently we have more items to handle than time in which to handle them. People faced with this challenge resort to varying strategies. Some address the "squeakiest" wheels; others address the tightest deadlines or the hottest fires. In all such instances, individuals engage in a form of triage. They address the highest priority items first; however, that priority might be measured.
