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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 Copyright© 2011 WeComply, Inc. All rights reserved. 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 Copyright© 2011 WeComply, Inc. All rights reserved. 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 Copyright© 2011 WeComply, Inc. All rights reserved. 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. Copyright© 2011 WeComply, Inc. All rights reserved. 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 Copyright© 2011 WeComply, Inc. All rights reserved. 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 Copyright© 2011 WeComply, Inc. All rights reserved. 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 Copyright© 2011 WeComply, Inc. All rights reserved. 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 Copyright© 2011 WeComply, Inc. All rights reserved. 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. Copyright© 2011 WeComply, Inc. All rights reserved. 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 Copyright© 2011 WeComply, Inc. All rights reserved. 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. Copyright© 2011 WeComply, Inc. All rights reserved. 24 5/25/2017 Final Quiz Copyright© 2011 WeComply, Inc. All rights reserved. 5/25/2017 Questions? Copyright© 2011 WeComply, Inc. All rights reserved. 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.