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DONT S.P.I.T.

General Management Rules of Engagement


During Union Organizing Campaigns

Copyright. WorkPlaceReport.com 2015

LABOR RELATIONS DOS & DONTS


As interpretations of labor law change constantly, if your company is
the target of a union organizing campaign, you should seek competent
legal counsel immediately.
The following slides are for general management guidance during union
organizing campaigns and should NOT be construed as legal advice.

Copyright. WorkPlaceReport.com 2015

WHAT ARE EMPLOYEES RIGHTS UNDER


THE NATIONAL LABOR RELATIONS ACT?
q Employee rights that apply to unionized and non-unionized

workplaces:

Examples of employee rights include (but not limited to):


Forming, or attempting to form, a union in a workplace;
Joining a union whether the union is recognized by an employer or not;
Assisting a union in organizing fellow employees;
Refusing to do any or all of these things.
To be fairly represented by a union

Copyright. WorkPlaceReport.com 2015

WHAT ARE EMPLOYEES RIGHTS UNDER


THE NATIONAL LABOR RELATIONS ACT?
q Employee rights that apply to non-unionized workplaces:
Examples of Protected Concerted Activity
A few examples of protected concerted activities are:
Two or more employees addressing their employer about improving
their pay.
Two or more employees discussing work-related issues beyond pay,
such as safety concerns, with each other.
An employee speaking to an employer on behalf of one or more co-
workers about improving workplace conditions.

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WHAT IS AN AGENT OF THE COMPANY?


If you are a supervisor (or manager), you are considered an
agent of the employer
As such, you should be aware of what employer agents are
allowed to do or say during union election campaigns, as well
as what you are not allowed to do or say.

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GUIDELINES FOR EMPLOYER AGENTS


Remember
There are no off-the-record conversations

On the job
Off the job
Around the water cooler
Around the Thanksgiving table

Even among friends (and relatives)

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HOW TO ENGAGE
qEasy to Remember: Dont S.P.I.T.
qEmployer agents should not:

Spy (or create the impression of Surveillance)


Promise
Interrogate
Threaten

Also, dont initiate conversations in coercive environments


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HOW TO ENGAGE
Other red flag terms to stay away from
Bargaining starts
From ground zero
With a blank sheet of paper
From scratch
Not only are these incorrect, these phrases
are also construed as threats by the NLRB
Also, do not solicit grievances
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HOW TO ENGAGE
A COUPLE OF OTHER NO NOS
Do NOT
ASK QUESTIONS (INTERROGATE):
Just remove question marks [?] from your vocabulary
Also, dont use the economic pie argument when
talking about labor costs. Even if its true, the NLRB
views that as objectionable speech (futility).

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Wages

Benefits

Time Off 9 Other

THINGS YOU CAN DO

Go with the F.L.O.E.

Give FACTS to employees


LISTEN to employees
Give OPINIONS to employees
Give EXAMPLES (or Experiences)
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HELPFUL TIPS
Stay away from predictive statements.
Often, phrases like _________ will happen (which is a predictive
statement) are viewed as threats by the NLRB if they involves a negative
consequence of unionization.
Use phrases that are factual when explaining possibilities, such as: may,
could, possibly, etc.
When referring to the possible outcomes of collective bargaining, it is always
wisest to hit all possible factual outcomes, that it is possible you could get
more wages and benefits, you could stay the same, or you could lose.
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EXAMPLES OF FACTUAL STATEMENTS


1. Union organizers are legally allowed to make you promises they
cannot guarantee

If you fall for union promises, you might not be able to do anything if
they later break their promises.

2. A union could require you to pay union dues (under a union security
clause) or have you fired if you refuse to pay
[Only applies to states that do not have Right-to-Work laws.]

3. If you are unionized, you could go out on strike


4. Union-called strikes do occur across the U.S. every year
6. As a union member, the union can put you on trial for violating the
unions rules
If youre found guilty at a union trial, the union could fine you
money
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A REMINDER
As interpretations of labor law change constantly, if your company is
the target of a union organizing campaign, you should seek competent
legal counsel immediately.
The previous slides are for general management guidance during union
organizing campaigns and should NOT be construed as legal advice.
For more information, as well as a listing of law firms,
go to the Resources page at WorkPlaceReport.com

Copyright. WorkPlaceReport.com 2015

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