In our two prior articles, we reviewed the devastating influence that the Employee Totally free Option Act (EFCA) may have on employers who want to stay union No cost. In the most current article, we discussed the employer's Choice to stay union No cost and the implications of that Selection. Now we examine the optimistic measures that the employer have to take to implement management's adopted policy to stay union Cost-free.
At the outset, it is vitally critical that employers view the purpose of remaining union Totally free not simply as a damaging - maintaining a union out, but rather as a good approach that will outcome not only in maintaining out the union but also generate a far more effective and effective workforce. A widespread error created by a lot of employers is to think that staff wish a union merely simply because they wish much more cash. Whilst increases in wages might be utilized by the union as a promoting point, the flashpoint which triggers most union organizing efforts outcomes from the employer's failure to adopt and implement a good employee relations plan.
An efficient employee relations system starts with a conscious Selection that the management style of the business stresses teamwork rather than a philosophy of command and manage. Place a various way, management doesn't believe in terms of "we" as managers, and "them" as workers. Rather, management believes in "us" - all managers and workers operating with each other to bring about a effective outcome. In practice this indicates that each employee, irrespective of rank, is treated as a contributor to the achievement s of the business. Rather than take the strategy of "we", management, supply orders and "them", the personnel, adhere to them, each and every manager treats his/her subordinates with respect and anytime attainable aids the employee succeed. The cornerstone of an efficient employee relations plan is communications - managers communicating with staff - personnel communicating with management. If management adopts the technique that managers and workers create up one team, then management communicates often with staff about what is going on in the business, problems faced by the business and the successes of the business. If these sorts of communications are managed appropriately, then the personnel will recognize that the firm thinks they are essential, and consequently will not think a have to enlist outdoors support - a union. The other crucial aspect of communications is enabling workers to speak to management.
An employer that wishes to stay union Absolutely free have to have some type of open door policy. That signifies that in writing, in the employee handbook, there is a clear statement encouraging staff to bring any concerns or questions to management - to their supervisor or to human resource staff. Management must be prepared to treat any concern expressed by any employee with interest. That does not imply that management will agree with the employee; but it does imply that management should be ready to clarify a Option or policy to the workers in a manner that shows that the employee's concern has been treated seriously. Management can also use info received via the open-door policy as an early warning plan of possible issues at the workplace. If there are complaints about a specific supervisor, if there are racial or ethnic tensions in the work force, management can then take action to deal with these concerns. Above all, any open door policy need to have credibility.
If management finds that a supervisor or manager has produced a error, then management ought to step up to the issue and repair it. It is the failure of numerous employers to recognize the vital function of communications which often final results in a union organizing effort. For instance, if workers consider that a supervisor is arbitrary or unfair, or that staff have received unfair discipline or discharge, then if the employer doesn't offer you an internal mechanism for the personnel to bring up their questions, the employee is probably to appear outdoors the organization for assistance. A union organizer is a lot more than prepared to offer you that assistance. It is normally some type of what staff feel to be unfair remedy that triggers a union organizing effort. Once the organizing begins, the union will guarantee larger wages, but wages are hardly ever the spark that ignites the union organizing fuse. As with respect to several other employee concerns, prevention is the ideal method. As soon as it comes to union avoidance, prevention is definitely important. That reality will be even additional apparent if congress passes the EFCA. As we will clarify in the subsequent newsletter, beneath the EFCA, simple ground guidelines that have been followed for far more than 50 years will alter. It will be crucial beneath EFCA for employers to take constructive actions to prevent union organizing or nip it in the bud if the employer has any real hope of remaining union Cost-free.
Russell J. Thomas, Jr.
Lawyer at Law
THOMAS & ASSOCIATES
4121 Westerly Put, Suite 101
Newport Beach, California 92660
Tel: (949) 752-0101
Fax: (949) 257-4756
E-mail: russ@employersattorneys.com
Internet: http://www.employersattorneys.com
J.D., Harvard Law College, 1967
Specializes in Employment Law and Litigation;
Offices in Southern California (Los Angeles and Orange County)
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