Download Labor Unions - Association of Corporate Counsel

5/25/2017
Maintaining a Cooperative Workforce
Copyright© 2011 WeComply, Inc. All rights reserved.
5/25/2017
Maintaining a Cooperative Workforce
Copyright© 2011 WeComply, Inc. All rights reserved.
What's Ahead . . .
Topics covered:
•Overview of labor unions
•Effects of unionization
•Recognizing and responding to union efforts
•Possible impacts of the Employee Free Choice Act (EFCA)
•Team-oriented management
•Effective communication with employees
•Giving feedback and reviews
Copyright© 2011 WeComply, Inc. All rights reserved.
3
Labor Unions: An Overview
Labor unions have legal status to represent the workforce
Unions can bargain collectively
Most unions are within two umbrella organizations
•AFL-CIO
•Change to Win Federation
U.S. union membership varies by state and occupation
Copyright© 2011 WeComply, Inc. All rights reserved.
4
Labor Unions: An Overview (cont’d)
Labor unions have legal status to represent the workforce
Unions can bargain collectively
Most unions are within two umbrella organizations
•AFL-CIO
•Change to Win Federation
U.S. union membership varies by state and occupation
Copyright© 2011 WeComply, Inc. All rights reserved.
5
Labor Unions: An Overview (cont’d)
Labor unions have legal status to represent the workforce
Unions can bargain collectively
Most unions are within two umbrella organizations
•AFL-CIO
•Change to Win Federation
U.S. union membership varies by state and occupation
Copyright© 2011 WeComply, Inc. All rights reserved.
6
Labor Unions: An Overview (cont’d)
Labor unions have legal status to represent the workforce
Unions can bargain collectively
Most unions are within two umbrella organizations
•AFL-CIO
•Change to Win Federation
U.S. union membership varies by state and occupation
Copyright© 2011 WeComply, Inc. All rights reserved.
7
Effects of Unionization
Once unionized, a company must negotiate and come
to a collective bargaining agreement (CBA) with the
union
•Fundamental business decisions must be made in
accordance with the CBA
•Unionized company is at a competitive disadvantage
•Company's ability to hire and fire is limited
Unionized companies can become stigmatized
Copyright© 2011 WeComply, Inc. All rights reserved.
8
Effects of Unionization (cont’d)
Once unionized, a company must negotiate and come
to a collective bargaining agreement (CBA) with the
union
•Fundamental business decisions must be made in
accordance with the CBA
•Unionized company is at a competitive disadvantage
•Company's ability to hire and fire is limited
Unionized companies can become stigmatized
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9
Effects of Unionization (cont’d)
Unionization changes your relationships with employees
•Relationship is no longer direct
•Supervisory/managerial discretion is greatly reduced
•Divide between management and the workforce widens
As a supervisor or manager, you have an interest in avoiding unionization
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10
Recognizing Unionizing Efforts
Signs that employees are engaging in unionizing efforts may
include —
•Petition-signing
•Filing charges with government agencies
•Higher absenteeism
•Talk of "just cause," "grievances," etc.
•Silence or minimal talk with supervisors/managers
•Out-of-the-ordinary meetings at or near the workplace
•Pro-union postings
Report any such signs to Human Resources or upper management
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11
Pop Quiz!
Meg, a supervisor, notices that several of her employees are meeting in a
conference room during lunch — for the third time this week. What should she do?
A. Interrupt and ask why they are meeting.
B.Send a tactful e-mail telling her employees why unionizing is bad.
C.Report her observations to HR.
D.Talk to her most trusted employee and ask if they're unionizing.
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12
Responding to Employees
You cannot engage in unfair labor practices
You can point out to employees facts about unions
•Financial commitments
•Negotiations
•Rules
•Strikes
Unions are often voted down by employees because of their risks
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13
Employee Free Choice Act
Current law: Employers can demand secret-ballot
election and educate employees before election
"Employee Free choice Act" (EFCA) may soon amend
NLRA to make unionization easier by —
•Allowing unionization without election if 50% of
employees sign authorization cards
•Imposing deadlines for negotiating CBA
•Requiring mediation
EFCA may impose more punitive remedies and higher civil penalties
Copyright© 2011 WeComply, Inc. All rights reserved.
14
Employee Free Choice Act (cont’d)
Current law: Employers can demand secret-ballot
election and educate employees before election
"Employee Free choice Act" (EFCA) may soon amend
NLRA to make unionization easier by —
•Allowing unionization without election if 50% of
employees sign authorization cards
•Imposing deadlines for negotiating CBA
•Requiring mediation
EFCA may impose more punitive remedies and higher civil penalties
Copyright© 2011 WeComply, Inc. All rights reserved.
15
Team-Oriented Management
Employees unionize when they perceive unequal
treatment/lack of respect, not because of wage or
benefit issues
Encourage sense of equality and dignity among
employees by —
•Being a facilitator and coach, not a warden or dictator
•Avoiding arbitrary decision-making
•Respecting employee autonomy and privacy
• Exercising authority sparingly, thoughtfully and respectfully
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16
Support vs. Control
Ways to establish support include —
•Seeing your role as helping your employees succeed
•Making employees feel that they belong and are
appreciated
• Trying to make work and the work environment comfortable and rewarding
• Practicing positive reinforcement and recognizing employee
accomplishments
• Welcoming employee input
You gain respect by extending it to others and acting with integrity — not just
by holding a position of authority
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17
Effective Communication
Strengths and drawbacks of various forms of
communication —
•Face-to-face: Sensitive or potentially contentious
communication should always be face-to-face
•Phone: A quick phone call is okay for less serious,
uncomplicated communication
•Written: Written communication is good for complex topics
and keeping a record of what is said
o Trying to convey humor, sarcasm or strong emotion (especially anger)
in writing is risky
o Be especially careful with e-mail and instant/text-messaging
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18
Effective Communication (cont’d)
Three important steps to effective communication:
•Preparing before you speak or write
•Active listening: Making a concerted effort to listen
to the other person
• Responding appropriately, such as by saying "I understand that you're upset"
when the other person is frustrated
Copyright© 2011 WeComply, Inc. All rights reserved.
19
Effective Communication (cont’d)
Three important steps to effective communication:
•Preparing before you speak or write
•Active listening: Making a concerted effort to listen
to the other person
• Responding appropriately, such as by saying "I understand that you're upset"
when the other person is frustrated
Copyright© 2011 WeComply, Inc. All rights reserved.
20
Effective Communication (cont’d)
When communicating with employees —
•Welcome, solicit and consider their input
•Be sincere, professional and express appreciation — avoid
condescension and patronization
•Take interest in their wages, benefits and working conditions
•Make an effort to solve problems and make things better
• Address job-security issues — mergers, acquisitions, rumors of layoffs, etc.
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21
Feedback and Reviews
Keep these principles in mind —
•The employee's contributions should be recognized over
his or her willingness to obey, submit or flatter
• The employee should have the opportunity to ask questions, respond to your
observations, and comment on your performance without fearing retaliation
• You should acknowledge and try to remedy reasonable and solvable
discontent
• Where the employee expresses unreasonable or unsolvable discontent, you
should explain why you will not or cannot remedy it
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22
In Conclusion...
We must foster a work environment in which our
employees feel that they are being treated fairly and
respectfully at all times
Fostering good relations with your employees makes
your job easier and our workplace more pleasant
Good communication helps to maintain a win-win employee-employer
relationship
Copyright© 2011 WeComply, Inc. All rights reserved.
23
Alert!
As a Reminder . . .
Communication is a key component to being an effective manager
• Use face-to-face discussions; talk and listen; provide and accept feedback.
Management Style
• Coach and lead your employees; remember that respect is a two-way
street.
Be a problem-solver
• Find ways to let employees know you are interested in their workplace
issues.
Deal with problem employees in a timely manner
• Be consistent and clear in disciplinary actions.
Report employee issues/concerns to Human Resources, FEP and Senior
Management
• Partner with the appropriate departments to ensure that issues are
addressed.
Unhappy employees do not always leave and can be the source of
unionizations
• Most people who seek to unionize are more anti-management than they
are pro-union.
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24
5/25/2017
Final Quiz
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5/25/2017
Questions?
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5/25/2017
Thank you for participating!
This course and the related materials were developed by
WeComply, Inc. and the Association of Corporate Counsel.
Copyright© 2011 WeComply, Inc. All rights reserved.