Transcript The Do's and Don'ts of Union Avoidance

The Do’s and Don’ts of
Union Avoidance
Michael G. Trachtman
Powell, Trachtman, Logan, Carrle, Bowman &
Lombardo, PC
[email protected]
www.powelltrachtman.com
© 2001 PTLCB&L
Know your adversary
It’s Not Like it Used
to Be …
What is the Organizing Institute?
The Organizing Institute was created in the fall
of 1989 to promote and foster union organizing.
In November of that year, we began holding
weekend training sessions for people
interested in becoming volunteer or full-time
union organizers. Since then, we have
developed a highly selective program to recruit
and train a new generation of union organizers,
to provide hands-on field training for them on
union organizing drives and to facilitate job
matches for graduates into full-time, paid
positions as union organizers with unions
affiliated with the AFL-CIO.
What is the three-day
weekend session like?
The three-day training is an intense and fascinating
look at what it takes to be a union organizer. The
trainings are led by organizers—known as teaching
fellows—from among the unions affiliated with the
AFL-CIO. Participants come from those unions as well
as from campuses and community organizations. The
talent and enthusiasm of the participants are a large
part of the overall success of the weekend. During the
three-day training, the teaching fellows assess the
skills and potential of the participants, and the
participants assess whether they want to pursue
organizing, either as volunteers or as full-time
organizers.
What happens during the
10-day orientation?
The 10-day is an intensive introduction to
the work on union organizing. The training
combines classroom discussions and role
playing exercises with time in the field
learning one-on-one communication
skills. Trainees visit workers at their
homes and/or their workplaces and are
given feedback by experienced
organizers. You work 10 days in a row,
with little time off.
What is paid for during
the 10-day orientation?
The Organizing Institute pays for and
arranges round-trip transportation to
the orientation site. The host union
provides housing and transportation
on the campaign site. Trainees
receive a salary of $525 for the 10-day
orientation.
What happens during
the apprenticeship?
After the orientation, you will be assigned to a
campaign with a union. You may continue to
work with the union that hosted your
orientation, or you may work with a different
union. As an apprentice, you are given
responsibility for part of a campaign. You will
work directly for an experienced organizer,
assigned by the union, who will be your lead
trainer. Sometimes that person is on-site and
sometimes he or she is available by phone.
Although you will fill out weekly reports and
keep in contact with the Institute staff by
phone, your primary training will come from the
union's organizers.
What is the pay?
Starting pay for union organizers
ranges from $20,000 to $30,000 per
year plus benefits.
"Taking Care of Each Other"
_____________
Organizing For Better Jobs!
This site is here to help you make an informed decision. Office Depot employees like
yourself maintain this site. Any questions or comments are encouraged. Send them to:
[email protected]
"In order for management to win they will have to mislead, lie, and decieve you; in order for the workers to win we only have to share the truth."
Welcome
Thanks for checking out the site. As many of you know the Office Depot employees at store 386 in Florence,AL are trying to
form a union. It is our goal to assist employees in other stores into starting their own union campaign. There are many
reasons we, the employees, are organizing. Of course we all know we are underpaid; with a union we will be able to
negotiate for a Living Wage. Office Depot is a multi-billion dollar corporation who thrives off exploiting young workers.
Haven't you ever wondered why a company that makes so much money pays you so little? Well, they can get away with it
because we, the workers, aren't organized. Throughout history when people have been treated poorly they have joined
together in groups to overcome their oppressor. The civil rights movement of the 50's and 60's would have never taken
place if individuals didn't organize.
You can't go at it alone. That's why we are "taking care of each other." Don't be fooled by Office Depot rhetoric. Office
Depot is NOT one big "team" and it is NOT a "family." Would a "family" only let certain members have healthcare? (only
full-time employees may recieve insurance)
Since most of us are young, students or female, Office Depot thinks that they can get away with offering low pay, few
benefits, and NO guarantee of a job.
LET'S SEND A MESSAGE THAT OFFICE DEPOT EMPLOYEES ARE NOW
"TAKING CARE OF EACH OTHER."
Click here
Third Parties in the Workplace?Anti-worker Law Firm for Hire
The Bosses Union? Click Here
News!News!News!
Compare Your Salary
Office Depot "legal team" Does Not Understand Alabama State Law
Wal-Mart Workers Win Union!
CLICK HERE
Office Depot Anti-Worker Law Firm
When employees attempt form unions it is common for employers to hire expensive law firms to "bust up" the union.
These firms specialize in distorting laws which benefit working people. The hiring of these firms runs counter to Office
Depot's belief that a "third party...could lead to disruption." While Office Depot feels that is best if the employees do not
involve a "third party," they do not see anything wrong with the "involvement of a third party" for their purposes. Recently
the organizing committee recieved an anonymous call from someone who stated that Office Depot has already made use of
the law firm "Jackson Lewis." We have included a link to the website of Jackson Lewis so that you can see what they are
really about. If anyone can verify the anonymous caller's claim please email us.
We Need Your Help
We are asking for everyone who has any information about Office Depot to contact us. If
you are an employee of Office Depot you probably know more than you think. If you
have been a customer of Office Depot send us your thoughts. We want to know what
YOU know!!! You can sign our guestbook below or email us. Thanks.
Know The Truth About Your Employment Status
Here's what the "handbook" says regarding your benefits and employment
status:
"The information is general in nature and not considered to be all inclusive.
Nothing in this handbook is a guarantee of continued employment nor does it
constitute an employment contract. Office Depot management reserves the right
to amend, modify, or delete from any policy or practice, in whole or in part, in
individual cases or in general application, at anytime, with or without notice."
As hardworking employees we deserve assurance that our jobs and benefits will
be here tomorrow. Many of us are already denied certain benefits (e.g. Health
Insurance) and we have no control over this. Don't take what you've got for
granted, because it may not be there tomorrow. Remember the handbook says
they "reserve the right to amend, modify, or delete" any "policy or practice."
Employee Not Allowed to Comment or Question
After learning of our attempt to gain union recognition the mangement , along
with the district manager and the human resources rep, held several "huddle
meetings." After telling the employees how great of a job they were doing and
how proud they were of us, they of course stated the official company stand
regarding our exercising of our right to form a union. All employees sat quietly as
they explained our rights to "not sign authorization cards." However when they
finished, an employee attempted to clarify some of their statements. After the
employee explained the actual cost of dues, made a remark that the gains made
with a contract more than make up for the cost of dues, and stating that the union
cannot fine you, he was promptly interupted by the district manager who said, "I
think we have heard enough." The employee then stated that he was sure that the
other employees would like to hear the rest of what he had to say. Again the
district manager said "You've had your chance" and then dismissed the
employees.
Office Depot claims to be an "Associate oriented environment", yet "associates"
are shut out discussions which impact on themselves.
What is it that they don't want you to hear? Is this really an "associate oriented
environment?" Is this democratic?
Click here to read our open letter to management
Click here to read the misleading anti-union letter issued by OFFICE Depot
How will I know if a
union is trying to
organize us?




“Pregnant” questions
Discussions that break up when
you are around
Activity in or immediately outside
parking area
Authorization cards
Are there things I could say
or do that could get us in
trouble?


Most important: Conduct during the
“critical period” between the filing of the
representation petition and the election
Interference with election’s “laboratory
conditions” can lead to
 New
election
 Forced company statements
 Bargaining order

USE COUNSEL. You can wage a
vigorous campaign, but you must strictly
adhere to certain rules.
Can non-employees
come on our property?



You can prohibit solicitation by nonemployee organizers on company
premises if the union has reasonable
alternative channels of communication
to reach employees
Ability to meet employees outside of
gate is reasonable channel of
communication
But check state law -- some states
permit free expression on some private
property
What rights do employees have
to use company property for
union organizing?

Employees have the general right
to distribute union literature and
discuss unionization on company
premises, so long as it does not
interfere with work duties or violate
a lawful no-solicitation rule
When can solicitation be
regulated or banned?


If necessary to maintain production, order
or discipline
Solicitation can be limited to reasonable
times or places
 Working
hours v. non-working hours
 Working areas v. non-working areas

Must apply restrictions to all solicitation
activities, not just pro-union activities
 If
others can’t use company bulletin board,
neither can union
 Impose restrictions at first sign of union
interest?

Check on state laws
Can you ban off-duty
employees from company
property?




Limitation must apply only to interior of plant
and other working areas -- cannot ban
access to parking lots, gates, non-working
areas without business justification
The rule must be disseminated to all
employees, not just pro-union employees
The rule must ban access for all purposes,
not just union activities
If others allowed access to company bulletin
board without pre-approval, must also allow
union notices
“T-I-P-S”…
Some things you can't do




Threatening employees for engaging in
union activity
Interrogating employees about union
activity. No individual questioning, no
“straw polls”
Promising anything to discourage union
activity
Spying or creating the impression of
spying on employees engaged in union
activity
“F-O-R-E”…
Some things you can talk
about




Facts about the union
Opinions about the union
Explanations of rules governing the
election process
Experience with unions
Permissible campaign
methods








Handouts – fact sheet, FAQ’s
Literature in pay envelopes
Speeches in the plant (24 hour rule)
Bulletin board notices
Sample ballots
Letters to employees at home
Movie
Use of supervisors – after training
Opinions and predictions





Unlawful threats v. lawful predictions
Unlawful promises v. lawful predictions
Is the prediction beyond the company’s
reasonable control?
Is the prediction based on verifiable
facts?
Or is the prediction really just a promise
to retaliate if the union wins the election?
Predictions that caused
trouble







“We will not work with a union. There are
other options for the company”
“If you go on strike, you’ll lose your jobs”
“With this union, there will probably be a
strike and the plant will shut down”
“We know who the union supporters are.
We have long memories”
“If the union wins, we will cut wages and
bargain from there”
Be careful: Plant will have to close or move
Be careful: There will be less work,
overtime
Predictions that did not
cause trouble





Written materials showing job losses attributed to
unionization based on studies
Factual analysis of possibility of plant closing
“We will bargain, but having a union does not
guaranty you anything. Wages could go up or
down”
“If the union comes in, we will no longer increase
wages voluntarily”
“No more open door policy. Everything will have to
come through the union.
“Facts” about unionization…
You can say it if you can back it up







Impact of dues
How the dues are spent
Impact of union rules, fines
Impact of strike
Effect on company’s future business
No more individual bargaining
We will bargain from scratch, no
guaranties
Once the battle begins, be
careful of good deeds



Soliciting grievances
Solving longstanding problems
Promising or implementing increases in
wages or benefits, improvements in working
conditions
Permissible if planned before company was
aware of union
 Permissible if mandated by competition, other
business conditions
 But you better be able to prove it


Be careful: withholding what was previously
promised and scheduled
Unlawful union tactics








Its much more difficult to set aside an
election based on union misconduct, but
look out for …
Threats of violence
Implications that union supporters will get
better treatment if union wins
Appeals to racial prejudice
Explicit or implicit bribes
Promises to waive initiation fees if
employee signs authorization card
Lies about what will happen to company
business without union
Lies about union finances, policies
SALTING
Do you have to hire the enemy?


The sneak attack
“I’m a union organizer. Hire me.”


You’re damned if you do and
damned if you don’t
The solution



Establish policies on who does and
does not get hired
Apply the policies consistently
Check references and background
What to do if presented
with authorization cards

Never agree to look at the cards
 If
it appears that a majority has
signed, you must recognize the union
 You don’t want to know who signed


Never engage in a dialogue about
majority status; refer all such
contacts to management
“We do not recognize your majority
status.” Union then has to file a
petition with NLRB
 30%
rule
If you remember nothing
else, remember this






No threats about what will happen to
employees if union wins
No promises about what will happen if
union loses
You can make fact-based predictions
You can make vigorous, persuasive
statements and arguments based on
facts
No surveillance, polling or interrogation
about union sympathies
Take your lawyer to lunch every day