Here is part 4 of the Q&A portion of our EFCA webinar.
Q41. Without intimidation how can we help our employees understand that Unions cannot guarantee jobs will stay in country/guarantee job security—-!!!!!
Chris: You can simply state the facts. There are several lawful ways to make this point. You can say something as simple as “unions have not been able to stop the flood of jobs moving overseas.” Of course, there are lots of other things you can say to make the point.
One thing EFCA will not change is your right to communicate lawfully with your employees about unions. The law gives you the right to express facts, opinions, and experiences about unions to your employees, provided you do so in a non-threatening, non-coercive manner.
Q42. Not sure how the union organizers determine what constitutes a bargaining unit….can you give insight?
Chris: The standard under the law is “an appropriate unit” and the NLRB is ultimately responsible for determining what constitutes an appropriate unit. The NLRB defines an appropriate unit to include employees that share a “community of interest.” The factors that go into this determination include: common supervision; common skills and training; common workplace; common shift; common wages and benefits; common work rules and policies; etc. The more commonality employees share, the more likelihood they have a community of interest, and thus the more likely it is that they will be included in the same bargaining unit.
Q43. In government organizations, what do you feel the impact of EFCA will have on current unions and unions that may want to come in?
Chris: EFCA doesn’t apply to governmental entities.
Q44. Communication and relationship is key for front-line leadership. What specific tactics, and skills would you recommend for front line management?
Chris: I have several clients who train their front line supervisors on things like listening skills, communication skills, relationship building skills, leadership skills, and problem solving skills. In my view, those are the “soft skills” all supervisors should work to develop and that employers should drive home through training. I also believe all employers have to teach their front line supervisors (and all other levels of management) about company policies so that supervisors know why the employer has certain policies and how they are supposed to be enforced/administered.
Q45. When an arbitrator sets out the parameters of the bargaining agreement is it only the first agreement for the first 2 years? Then after that it can’t happen again or it can happen every two years?
Chris: Under EFCA, an arbitrator sets the terms only for the first agreement and that agreement will last for two years. After that, the parties revert to “regular” bargaining.
Q46. Do you foresee more states following the direction of Washington State where laws are passed prohibiting employer required involvement in non-unionizing information meetings and activities?
Chris: I see states passing laws like that, but I think they are vulnerable to legal challenge. I’m not that familiar with the Washington state law, but I know when states try to regulate private sector labor relations, they get in trouble under a legal doctrine called “preemption.” I won’t bore you with the ins and outs of preemption, but courts often strike down state laws that attempt to regulate private sector labor relations under the preemption doctrine.
Q47. Let me clarify the question. Right now an employer can say I want to include x group based on jobs description (in hopes this group will alter the majority) and the union agrees this group is part of the bargaining unit. Will the card check allow this?
Chris: I believe it will, but you can bet that the unions aren’t likely to voluntarily agree to expand the unit if it destroys its majority.
Q48. What do you mean by “world class workplace”?
Chris: That’s my term for an employer that: treats its employees with respect and dignity; treats them fairly; listens to its employees; values safety; and does everything it can to make the workplace a place where people can grow, thrive and contribute.
Q49. When would you anticipate EFCA being reintroduced in 2009 in Congress?
Chris: The current session lasts for 6 more weeks. I’m not sure we’ll see it before the next recess, but I expect it later this year.
Q50. Are unions still using accretion (sp) to pull in non-union employees?
Chris: If they can add new members that way, they will. I can’t say I’ve seen a lot of that lately, but it still happens.
Please stay tuned for part 5 of this Q&A session.
