Labor Union Movement Rebranded

Think labor unions are a thing of the past? Think again, the labor movement has been rebranded and reborn. Many in our new generation of workers romanticize the notion of collective bargaining, while the generation of newly ascending C-suite leaders has little to no recollection of labor movements past (for better or worse). It’s a recipe of contrasts, as organizers are getting smarter and rethinking the value proposition of being “represented.” A contingent workforce that initially valued flexibility now seeks the security of medical benefits, job protections and a weekly paycheck. Many organizational leaders, unaware of how labor unions can impact day-to-day business and culture, often miss the symptoms of a vulnerable/susceptible workforce. And many younger workers, with limited firsthand knowledge of union environments, are inclined to believe that unions can help them and believe that the union movement is a social justice movement.

According to the Center for Economic and Policy Research, the majority of all new union members are [35 or younger](http://cepr.net/press-center/press-releases/new-union-members-are-increasingly-under-35). As mentioned, many have very limited firsthand knowledge of union environments, yet they are inclined to believe that unions can help them. A study by the Department for Professional Employees of the AFL-CIO revealed that young professionals, more than their older cohorts, seek work-life balance, opportunities to advance and harmonious workplaces. They often find the concept of collective bargaining attractive as a way of elevating and codifying ideals like social justice and equality in the workplace.

A Glassdoor/Harris Poll [survey](https://www.glassdoor.com/blog/corporate-social-responsibility/) revealed that 75% of millennials expect their employers to take a stand on important social issues, advocating for topics they care about. This call to action is a present-day take on being represented — companies have a unique opportunity to leverage the voices of a workforce unified in calling for fair labor practices and social justice.

Workplaces have largely forgotten what inspired organizing drives in the past and have increasingly taken their eye off the ball. Historically, an organizing drive often suggested that something about your culture had failed. Lack of attention to income disparities, blurred lines around nonexempt guidelines, unclear reasoning around who got promoted — all contributed to making an organization susceptible. These things may still make organizations vulnerable today. Add social justice causes and the inclusion of the phrase and reality, “perception is reality” and the union movement has been reborn and rebranded.

COLLECTIVE BARGAINING AND THE NLRA

Collective Bargaining is a term that all employees need to know. It is part of the National Labor Relations Act (NLRA) and if employees knew how the process actually worked, not many would risk their wages and benefits on what is most often called “…a roll of the dice.” There are many facets of the NLRA and collective bargaining and below is just a short summary. In a previous post we listed some of the things that employees do not realize that the union negotiates for and the only thing that the union has to negotiate WITH is the employee’s wages and benefits.

We highly recommend that all employees go to the NLRB.GOV website and download a copy of the Basic Guide to the NLRA. In addition we will briefly review the concept of bargaining in the NLRA, utilizing the Basic Guide, straight from the NLRB government website. It is imperative to state that no where in the ACT does it say the union and the company have to agree to anything, they just have to talk and in good faith. In contrast, there are 3 places in the ACT that specifically state the union and company DOES NOT REQUIRE EITHER PARTY TO AGREE OR MAKE A CONCESSION

  1. Collective bargaining is defined in the act. Section 8(d) requires an employer and the representative of its employees to meet at reasonable times, to confer in good faith about certain matters, and to put into writing any agreement reached if requested by either party. The parties must confer in good faith with respect to wages, hours, and other terms or conditions of employment, the negotiation of an agreement, or any question arising under an agreement. These obligations are imposed equally on the employer and the representative of its employees. It is an unfair labor practice for either party to refuse to bargain collectively with the other. The obligation does not, however, compel either party to agree to a proposal by the other, nor does it require either party to make a concession to the other .
  2. The duty to bargain covers all matters concerning rates of pay, wages, hours of employment, or other conditions of employment.  These are called “mandatory” subjects of bargaining about which the employer, as well as the employees’ representative, must bargain in good faith, although the law does not require “either party to agree to a proposal or require the making of a concession.” 
  3. Section 8(b)(3) The obligation does not require the labor organization or the employer to agree to a proposal by the other party or make a concession to the other party, but it does require bargaining with an open mind in an attempt to reach agreement. 

Union Lies

Is the union lying to potential membership or misleading? The short answer is that it is the same thing to the union. Whatever gets the potential member to believe is what the union will do.  Union lies and deception are abundant. There have been numerous rulings from the NLRB over the years that basically support the right for the union to spread misinformation because basically the person should know that the union is nothing more than a propaganda machine. Telling the people what they want to hear is part of their strategy. 

What are the lies and deception? Anything….. free healthcare, raises every year, raises for every year of employment, defined benefits pension plans, more vacation time, forcing management to communicate “nicely”, more sick time, more, more, more… get the point? The union organizers are trained to play on people’s hopes and dreams and create the illusions. If the people are emotional, even better for the organizer. Play on the emotions, exploit the emotions, broaden the illusions and hopes and dreams and of course the perception becomes even more of a reality. 

So while the company and the management/ leadership team follow the legal requirements, which is not to promise people anything or mislead the employees, the union plays by their own rules. Create the illusions and after it is over, the employees cannot hold the union to anything it promised. Are the employees hiring an attorney to sue the union based on a promise? Probably not and the union knows it. 

Education of the employees becomes a necessary element for your company. The cost of education is extremely small compared to the cost of having a third party that just deceived and created illusions and now the employees and the company are trapped. The ROI for education is immense. As a comparison, who would you rather talk to children about illegal drug use, the drug dealer or the parent?

“CSAV360 are the premier group of labor experts that only worry about their clients and the needs of their clients. Any company that worries about the competition are struggling to match the passion of the CSAV360 group.”
Confidential Hospital CEO

(We have changed our name from CSAV360 to LaborAdvisors)

Traits of Human Resources

Too often Human Resources Professionals are viewed differently than who they really are and what they do. Some employees fear them, others do not know them and still others miss the opportunity to take advantage of one of the most valuable resources in their own work place. So who are these people in human resources? To answer this question would take pages and pages of this article. To summarize human resources are composed of people who work for the employee and for the company. They are the balance, they are department for the people. 

Some of the traits of that human resources professional include taking risks and stepping into the unknown. They not only welcome change, they embrace it and then train everyone on the changes, whether it is policies or new technology, etc… They are the people who engage all employees on a daily basis; simply put they love people. By communicating, which includes not just talking, but also being there to listen, they effectively treat employees with the greatest respect. There are many more traits, but all of the traits add up to human resource professionals are having fun being themselves while helping people. 

Without these professionals, the employees feel that disrespect and eventually the job is just a place to collect a paycheck. The environment is one of tedious habit, not of a place to set and achieve goals. In addition to the front line supervisors, employees should be aware they have a place to go for any issues. In addition, the human resources professionals should and will go to the employees constantly just to hello and talk. When this is done together, the job is a place to advance and where employees enjoy coming to work. With that positive environment and engagement, production increases, retention increases and eventually profits increase.

EMPLOYEE SURVEY ANONYMITY

Anonymity is extremely important for the employee survey. Third party administered surveys are the only way to maintain this anonymity. Employees tend not to trust anything administered by the employer and its agents. There are many studies on this topic. Technology just cannot protect the anonymity as can a person third party issued survey. In addition, the computerized surveys allows no follow up or specific insight into responses. 

We must remember that confidentiality does not mean anonymity and employees know this. They are aware that the employer has methods to access who took what survey. And even if the employer set up a system to enhance anonymity, the employees perception will still stand. That is why participation rates are on the average 65% for a computerized survey. However, for a one on one survey by a third party, participation rates exceed 95% and are detailed.

Our team specializes in third party one on one employee engagement surveys or “stay” surveys. Vastly different from satisfaction surveys, these surveys are detailed, protect anonymity, participation rates average 95% to 98%, report turn around times are within 5 business days and most importantly, the project is done quicker and with a higher ROI.

Employee Recognition

Employee Recognition is part of employee engagement. In this piece we will review some of the things that can assist a leader to succeed at employee recognition. Employees want that recognition and we have found more often than not, that the recognition they seek is usually a “Thank You” or “Great Job.” 

Having a recognition program helps retention and employee satisfaction. Always ensure that when there is positive recognition that it is linked to the action and/ or behavior that the employee exhibited or performed. Also ensure that the recognition is done in a timely manner. There would be no reason to wait long time periods to offer praise.

It makes a good practice to engage employees daily to ensure you do not miss those times that deserve the recognition. There should also be a written personal note attached in addition to the verbal recognition. When writing the personal recognition, make sure it is written in a personal way and in your own handwriting is ideal. 

When creating that “prize” for recognition, make sure you are consistent and something it is valued by the employee. This could range from a gift card to extra time off.

THE SALT…COVERT & DECEIT IN UNION ORGANIZING

Salting is the process where the union organizer applies for a job at a non union facility and injects themselves in to the workforce with the primary goal to persuade the other workers and organize them. To be clear, this SALT is getting paid by the company as a worker and still receiving a salary by the union. In addition, the SALT can also be a pro union mole who is working multiple jobs for the union in attempts to unionize the workers. In both instances, the SALT’s are receiving double pay and possibly even bonuses to organize the workers.

SALT’s deliver a pro-union message, get vital information and report EVERYTHING back to the union. No information is too private or confidential. Other information the SALT’s obtain include things like Org Charts, Personnel Files, Site Diagrams, Policies & Procedures, Handbooks, employee information such as job titles and contact information, financial statements and even security schedules and routes.

A SALT can pose as any job title within an organization. For example, there could even be management that are really SALT’s. SALT’s are usually the best of workers and it is very difficult to distinguish which person is the SALT. Though on union payroll, the company cannot validate the SALT until financials are filed by the union and even then, most times the payments are hidden in contributions or just added to the salary of the worker. By the time the financials are filed, the camapign is long over anyway and the SALT is off to the next target. If SALT’s remain in the facility long enough, they can even vote if they are posing as an eligible worker.

What does all of this mean? It means that the union can be part of covert espionage and it is illegal. The irony is that a consultant hired by management to talk to employees are required to file Department of Labor reports called LM 20’s. As per the D.O.L, “…Every person, including a labor relations consultant, who enters into an arrangement with an employer under which he or she undertakes activities where an object thereof is, directly or indirectly, to: persuade employees about exercising their rights to organize and bargain collectively, or obtain information about the activities of employees or a union in connection with a labor dispute involving the employer (except information solely for administrative, arbitral, or court proceedings)…”

Does this sound familiar? The same guidelines should apply to the SALT. The SALT is there on behalf of the union to persuade employees to join the union. They should be held to the same standard as the labor consultant. It is time for this to change and for consultants to change rules to apply to both parties or apply to neither of them. Many unions are utilizing SALT’s in larger proportions these days. For example, the IWW in Oregon has utilized many SALT’s to organize small units. At a hospital system in Albany NY, SALT’s were not just there in numbers, but were also there for many years. It is of no surprise that unions won over 80 % of elections in the month of July, 2019.

For more information please go to https://laboradvisors.com or email us at brooke@laboradvisors.com.

Labor Union Membership in 2019

UNION MEMBERS — 2019 : Source BLS.GOV 2019

In 2019, the percent of wage and salary workers who were members of a labor union–the union membership rate–was 10.3 percent, down by 0.2 percentage point from 2018, the U.S. Bureau of Labor Statistics. 

Highlights from the 2019 data: 

   –The union membership rate of public-sector workers (33.6 percent) continued to be more than five times higher than the rate of private-sector workers (6.2 percent). 

   –Men continued to have a higher union membership rate (10.8 percent) than women (9.7 percent).

   –Black workers remained more likely to be union members than White, Asian, or Hispanic workers. 

   –Nonunion workers had median weekly earnings that were 81 percent of earnings for workers who were union members ($892 versus $1,095). 

   –Among states, Hawaii and New York had the highest union membership rates (23.5 percent and 21.0 percent, respectively), while South Carolina and North Carolina had the lowest (2.2 percent and 2.3 percent, respectively). 

Industry and Occupation of Union Members 

In 2019, 7.1 million employees in the public sector belonged to a union, compared with 7.5 million workers in the private sector. The union membership rate declined over the year in the 

private sector by 0.2 percentage point to 6.2 percent. The unionization rate for public-sector workers was little changed over the year at 33.6 percent, and remained substantially above that of the private sector. Within the public sector, the union membership rate was highest in local government (39.4 percent), which employs many workers in heavily unionized occupations, such as police officers, firefighters, and teachers. Private-sector industries with high unionization rates included utilities (23.4 percent), transportation and warehousing (16.1 percent), and telecommunications (14.1 percent). Low unionization rates occurred in finance (1.1 percent), 

insurance (1.4 percent), professional and technical services (1.4 percent), and food services and drinking places (1.4 percent). 

Among occupational groups, the highest unionization rates in 2019 were in protective service occupations (33.8 percent) and in education, training, and library occupations (33.1 percent).

Unionization rates were lowest in farming, fishing, and forestry occupations (2.1 percent); sales and related occupations (2.8 percent); and food preparation and serving related occupations (3.5 percent).

Union Membership by State 

In 2019, 28 states and the District of Columbia had union membership rates below that of the U.S. average, 10.3 percent, while 21 states had rates above it and 1 state had the same rate. All states in both the East South Central and West South Central divisions had union membership rates below the national average, while all states in both the Middle Atlantic and Pacific divisions had rates above it.

Eight states had union membership rates below 5.0 percent in 2019. South Carolina and North Carolina had the lowest rates (2.2 percent and 2.3 percent, respectively). The next lowest rates were in Texas and Virginia (4.0 percent each). Two states had union membership rates over 20.0 percent in 2019: Hawaii (23.5 percent) and New York (21.0 percent). 

Over half of the 14.6 million union members in the U.S. lived in just seven states (California, 2.5 million; New York, 1.7 million; Illinois, 0.8 million; Pennsylvania, 0.7 million; and New Jersey, Ohio, and Washington, 0.6 million each), though these states accounted for only about one-third of wage and salary employment nationally.

While numbers reflect a decrease in membership, keep in mind the Janus decision has given public sector employees an opportunity not to pay dues and the increase in jobs created monthly is tremendous in todays economy. It is important to understand that an investment into your employees and business now can prevent this problem from happening and save lot of money and stress and division in the long run.

Weekly Labor Updates

Weekly Labor Updates

LABOR UPDATES

  • Amazon Labor Union in Staten Island NY wins their first union election with over 8k employees. Over 3500 workers did not participate in the vote. This election personifies the need to educate employees with educators in the same age bracket as workers.
  •  UFCW wins another union election at Half Priced Books in Indiana and
    proclaims that they will begin to unionize all stores across the country.
  •  72 tech workers at Appfolio, a cloud based property management software provider, are seeking to unionize with the CWA
  •  The IWW begins corporate campaign against Half Priced Books in the Austin Texas area.
  •  UFCW files union petition at Petee’s Bakery in NYC
  •  Dartmouth University union wins election with the employer getting ZERO votes
  • Workers in Good Karma Café in Philly have won their union election 20 to 3 to
    join the SEIU (Workers United)
  • American University Graduate Union has been protesting for a contract
  • Colectivo Coffee, with more than 400 workers across 20 locations and 2 states have been certified by the NLRB and is now represented by the IBEW.
  • Activision Blizzard Workers Make A Game Where The Bad Guy Is A Union- Busting Boss
  • February 2022 sees the unions winning percentage at 75%
  • Corporate campaigns continue against Sysco, Republic, Amazon, WM, HCA, Ryder and more. Our research team has found many more.
  • Next webinar will be announced shortly where we review the IWW and DSA organizing tactics