Is fighting unionization dying with the EFCA?
SmartPulse — our weekly reader poll in Smartbrief on Workforce — tracks feedback from leading managers and HR practitioners. We run the poll question each Wednesday in our e-newsletter.
Last week, we asked: With union activity and legislation like EFCA off the table nationally, what sorts of precautions [if any] are your business taking against unionization?
- We already have a union or we aren’t ever concerned about one forming, 41%
- We are continuing to be aggressive in fighting unionization, 24%
- We aren’t doing much, but we are still monitoring the situation, 22%
- Other business priorities have taken precedence over union prevention, 13%
With news breaking this week that Continental’s fleet service workers voted to join the Teamsters, I wonder what this poll would have looked like a week later? In any case, the 25% of people that are still fighting unionization may be vindicated after the news. With layoffs still not easing in certain sectors, many employees will see unions as an option for protection regardless of federal action on the Employee Free Choice Act or any other pro-union legislation.
Lance Haun is community director for ERE.net, the main guy over at Rehaul.com and a member of the SmartBrief on Workforce Advisory Board.
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Posted by Tim Garrett on February 22nd, 2010 at 10:40 am
Personally speaking I would not rule the EFCA as completely off the table. There are different ways to get it, or a scaled down version, implemented such as through the NLRB or as an attachment to another piece of legislation.
As an analogy,the most dangerous animal to come across is one that is wounded because we let our guard down under the failed belief the animal is no longer a threat. While unions today may be in fact wounded they are still very much a threat because of the way we operate our business. It is the employees who elect to join a union by and large because of the way they are treated by their employer. If we believe unions are no longer a threat and the EFCA is no longer a concern that can lead to managing our business right into the hands of a union.
As indicated by the survey, most employers are not focused on this concern which is a significant benefit to organized labor. Union avoidance should not be viewed as an activity or a short term program. There are 2 simple strategies to take related to union avoidance. One is to simply try to keep unions out of the business which is a reactionary short term strategy that only gets activated when there is a real or perceived threat. This strategy is ultimately doomed to failure. The other strategy is a proactive approach to create an environment where employees do not see the need for an outside organization. This is a long term and culture based strategy that is woven into daily operations. Only through this approach can an organization be successful over the long term.
Whether the EFCA is alive or dead should not impact the way organizations manage their business. If it does, then those organizations are already at great risk for unionization regardless of any change in laws or regulations.
It is like managing our personal weight. Some elect to try dieting which never works in the long term, while others learn to eat right, exercise and manage their weight on an on-going basis. One may take a little more effort and discipline, but it certainly has far better long term benefits.
Posted by Congress Set to Outlaw Outlawing of Public Sector Unions by States | Labor Law Guy on March 8th, 2010 at 12:29 pm
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