Here is part 5 of the Q&A portion of our EFCA webinar
Q51. In your experience, what specifically are managers and leaders doing (behaviors) that is driving so many public sector employees to embrace unions?
Chris: In some respects, the public sector is a completely different animal. In many states, public sector labor laws are more conducive to union organizing. Also, although this is not universally true, public sector employers are less likely to engage in aggressive campaigning against unions. Also, many health care organizations are governmental entities (think county hospitals) and states often employ health care workers (for example, home health care workers in Illinois) and healthcare unions have been very successful lately in organizing new workers. In addition, police, fire and education have long been fertile ground for unions. It’s not always the front line supervisors that lead to public sector organizing, although there are plenty of public sector front line supervisors who make the same kinds of mistakes that their counterparts in the private sector make. Those mistakes fall into the category of: failing to listen; failing to apply rules consistently; favoritism; failing to lead; and failing to communicate.
Q52. Do you agree or disagree with recent survey info that senior management’s influence is more significant than front line management/s influence on employees?
Chris: I’ve seen unions take hold for both reasons, but in my experience, bad front line supervision is more often the cause.
Q53. Is there a source to identify unfair labor practices by unions in elections? In a related note, are there data sources for information on elections that have been overturned because of the actions of unions during the campaign?
Chris: I believe that information is available. NLRB statistics are available to the public through the NLRB’s website (nlrb.gov). Commercial entities also compile NLRB data and then organize it any number of ways and will sell it to you for a fee.
Q54. Chris, did you say that public sector employers in Illinois are already under a card check system for representation, absent elections?
Chris: Yes. We have card check in Illinois for the public sector.
Q55. You mentioned during the presentation that EFCA basically removes the anonymous vote from the unionization process, but then stated that the union can legally say that they do not remove the anonymous vote. Please elaborate on how both positions are true.
Chris: As a practical matter, EFCA allows a union to control the process and allows a union to eliminate the secret ballot election process in favor of card check. As a theoretical matter, elections are still available under EFCA, but there will be no reason for a union to use the election process to organize a new group of employees. For example, even under EFCA, if a union had cards from 35% of the employees in an appropriate unit, it could file an election petition with the NLRB and there would be an election. But there is no way in the world a union is going to ask for an election if it has cards from only 35% of the unit. Under EFCA, if a union gets a majority of the employees to sign cards, it will get card check recognition. If it gets less than a majority, it can’t get card check and it won’t file for an election.
Bottom line: if the union gets a majority, there won’t be an election; if the union gets less than a majority, there won’t be an election.
Q56. How many employees in a unit does it take to establish a union?
Chris: The NLRB won’t certify a one-person unit, so there has to be a minimum of 2.
Q57. How are unions funded?
Chris: From membership dues.
