Management Report for Nonunion Organizations最新文献

For as long as the National Labor Relations Act has existed, unions have had two routes to pursue representation rights: A union can file a petition for an election, or it can ask an employer to voluntarily recognize the union. The latter approach has been the subject of significant attention in the years following the decision in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023), which placed the onus on employers to file election petitions under penalty of compelled recognition for failing to do so. A question that remains is, how exactly should an employer react when it receives a demand for recognition?

With the change in political control of the White House, as well as Republican control of the U.S. Senate and House of Representatives, many employers are anxiously awaiting more favorable labor policies and rulings. The perspective is not unfounded, particularly given that one of President Trump's close advisors, Elon Musk, has been the target of National Labor Relations Board (NLRB) action over the years. A more pro-employer perspective on the interpretation of the labor law is almost assured and is likely to happen sooner, rather than later, with the failure of the outgoing Congress to confirm the renomination of Chairman McFerran to the labor board. With that being said, and most relevant to employers seeking to retain union-free status, should there be optimism that the recent election of President Trump will ease union organizing success?

It's sometimes easy to forget that what is allowed, and not allowed, during a campaign is not necessarily easy to remember. A recent decision from the NLRB in List Industries, Inc., 373 NLRB No. 146 (2024) provides a reminder to employers of how not to conduct a union election campaign.

Regardless of the amount of preparation that may have gone into union prevention efforts, the receipt of a union demand for recognition or NLRB election petition almost uniformly results in the response. What do we do now? A few employers have preplanned strategies to roll out. Most are starting almost from scratch with little-to-no advance thought on how to respond to a request for a union election. This month, we take a few moments to discuss the reasons why campaigns against unionization fail, and what employers can do to help improve their chance in a union election.

Union-free employers facing an active organizing campaign should never underestimate the resolve of union organizers. A recent example of how a union can, and will, dig in to organizing efforts arises from an Amazon facility located in Bessemer, Alabama. The Retail, Wholesale, and Department Store Union has been attempting to organize employees at the facility since 2020, shortly after its opening.

When developing a campaign to combat union organizing activity, management must study where to concentrate its attack. Evaluate the company's strengths and weaknesses. Concentrate on the union's weaknesses and the company's strengths. Invariably, a main issue will arise; however, the tenor of a campaign often changes. New issues may arise to alter its character. Campaigns—at least, effective ones—are dynamic.

Well, it's that time of year again. A new year ahead, resolutions to be made and business plans to formalize. It is also an opportune time to consider the challenges that likely lie ahead in the next 12 months for employers seeking to protect their union-free status and discuss ideas to help address those concerns. This month, Management Report dusts off the proverbial crystal ball to help you successfully tackle the upcoming year.

In last month's Management Report, we introduced some important concepts in a highly useful union prevention tactic: surveying employee attitudes. We continue our discussion this month with other employee survey points that can be helpful in identifying potential concerns.