National Clothesline

When I first started practicing labor law in the late 1970s, unions were still aggressively organizing non-union shops. In the last 15 years, union organizing has been on the decline, except perhaps among government employees.

A year ago, seven unions broke with the AFL-CIO to form their own federation, The Change to Win, with a view toward increasing union organizing.

Four of those unions are interested in retail and service workers: the SEIU (Service Employees International Union); the IBT (International Brotherhood of Teamsters); the UFCW (the United Food and Commercial Workers); and UNITE HERE (a combination of two unions, including hotel, restaurant, and laundry workers). It is too early to gauge their success in adding workers to the union ranks.

In addition, the AFL-CIO has increased its organizing efforts, in part in response to Change to Win, and in part in response to declining membership. Unions are very much like big businesses, frequently trying to increase their sales and market share. In the case of unions, the product they are selling is union representation. Both labor federations are attempting to stay in business by increasing those sales.

The odds of any single drycleaner or industrial laundry being targeted for unionization are remote, but that does not mean you should not be prepared.

Do you know how a non-union company becomes organized? Do your supervisors and employees have any idea what your position is on unionization? Do you know what the law is if you become the target of unionization? Do you know what you can and cannot say to your employees without risking unfair labor practice charges?

First, you should understand what unionization means. When a union becomes certified or recognized by your company as the exclusive bargaining representative of your employees, that means that you are obligated to bargain with the union over wages, hours, and working conditions, and in most circumstances, that you must deal with the union on most employee issues. You are not legally obligated to accept the union’s “standard contract.” You must bargain with the union in good faith, but you do not have to agree to any specific terms and conditions.

If you cannot reach agreement with the union, it can call a strike. Depending on the circumstances, you may be able to hire replacement workers. Obviously, there are more legal details, but they are beyond the scope of this article.

Second, you should formulate a company position on unionization and convey it, at least, to your supervisors. If you are opposed to unionization, and most employers are, you must be able to articulate good business reasons that would be convincing to your employees.

One good reason might be your desire to work together with your employees to solve company issues without the interference of an outside union that does not understand your business or have the interests of your employees at heart.

Opposing unionization without good reasons, however, will convey the wrong message to your employees.

Third, you should make sure your supervisors understand what they can and cannot say and do if a union begins organizing your shop.

The National Labor Relations Board, an agency of the federal government, administers the law regulating union organizing, bargaining, strikes, and other labor relations issues surrounding unions. They conduct elections among employees, and they regulate union and employer conduct during those elections and the campaigns that take place before the vote.

While employers can tell employees their position on unionization, campaign against it, and otherwise communicate with employees on workplace issues, there are restrictions on what supervisors can say and do.

For example, threats, interrogation, promises of benefits, and spying on employees are prohibited when engaged in by supervisors. What the NLRB views as a threat or interrogation can appear to be an innocent comment. Good legal advice is essential.

Fourth, while an NLRB-conducted election is the preferred method for employers confronted with a union organizing drive, it is not the only way to become unionized

Employers can recognize a union based on evidence that the majority of its employees want the union, and this is the preferred method for unions. In fact, unions have lobbied for years to change the National Labor Relations Act to substitute “card-check” procedures for the secret-ballot election.

Even under current law, if an employer agrees to conduct a “card check,” the employer may find itself bound by the results. Therefore, at least until you get good legal advice, you should always initially decline an offer to look at evidence produced by the union that your employees want representation.

Take a few minutes today to think about unionization and whether you are prepared to react (and not overreact) to a union organizing campaign. Even if you decide to do nothing, you will at least have some idea of what you can do if sometime — years down the road — Change to Win places 45 picketers at your employee entrance seeking to organize your shop.