We will probably be linking to many of Richard Epstein’s articles in the coming weeks and months. His latest article from chiefexecutive.com creates another compelling reason to fight the Employee Free Choice Act with all available weapons and energies. Speaking of the mandatory arbitration provision in the bill, he says,
“EFCA could lead to the partial nationalization of all unionized firms. The immediate job for CEO’s is to play tough defense to prevent the passage of a statute that promises to lay siege to every firm in the U.S. They dare not be caught napping” (italics added).
I will admit openly that my next comments are self-serving, however they are no less true. While Epstein (and others like him) are sounding the alarm and providing the reasons that the mis-named bill should be fought tooth and nail, he (& they) are leaving out one HUGE component of any full strategic response to this crisis: preparing to carry on the fight when & if the bill becomes law.
There are two elements to the prepardness component of such a strategy. The first is to insure a positive employee relations environment within the company. The benefits speak for themselves: employees that feel that management listens and responds to them do not believe they need someone to speak on their behalf (a union). Treat people well, give them voice, respond to feedback, measure attitudinal changes over time – in other words, implement HR best practices.
The second element is less recognized and discussed for the very reason that unions are so eager to secure passage of the EFCA: union ranks have steadily declined for decades and unionized companies make up less than 8% of the private sector. Most CEOs would prefer to just “let the sleeping dog lay” and not bring the discussion about what unions are and what they do into the workplace. Given the nature of current law, this strategy gives most companies about a 50/50 chance, in that they still have time to communicate such information within a typical NLRB election time-frame (average of 56 days) if a union files a petition for an election.
However, the EFCA will challenge the wisdom of this mode of thinking. Having no election period, or even a shortened election period, means that management will have very little time to overcome the misinformation campaign that unions use to secure signatures on authorization cards. Such campaigns typically start well before management ever becomes aware that an organizing drive is underway. Even with the average 56 days left to management currently to provide counterpoint, unions still win over half of all such campaigns.
This statistic changes for those companies that utilize proven tools and strategies for communicating the truth about unions. Most companies (like ours) that provide such tools and services can boast of a management-side win rate for their clients that hovers in the 90% range!
Here’s the point. The second element I’m referring to is to implement a communication strategy about unions – to start the discussion with new-hires, and leave it up and running at all times. Provide videos, web sites, and other methods of correspondence and communication where employees can hear the business-side perspective on unions before the unions ever come knocking.
Just like most good parents say to their kids, “You’re gonna hear about sex (or drugs, or whatever) from someone, so I’d rather you hear it from me first.” Those parents who do everything they can to be transparent, engaged, and supportive of their children typically rear children who will listen to them, or at least back-check with them before taking at face value the input from others. If you work diligently to maintain a positive employee relations environment, your employees will likely do the same with you.
How can it be disputed that those companies that take this approach will find themselves less likely in the crosshairs of the unions. Unions are not stupid – they will go after the low-hanging fruit: those companies that are the least prepared (and that treat their employees with the least respect). They do not care where their membership (and dues money) comes from , they just want more!
Take Epstein’s advice – contact your legislators, advise your employees to contact their legislators, and fight the bill. But take our advice please – and prepare yourself!
