Staying Union Free or Managing a Union Environment

Most workforces in America are not organized, and thus most employers are not burdened by an obligation to negotiate with a union over their employees’ wages, benefits and working conditions.  Many employers can attribute their union-free status to programs that emphasize prevention and feature sound employee relations strategies.  Some employers have remained union-free simply because none of their employees have ever taken the step of contacting a union, or no union has ever taken an interest in the employee population.  In most workplaces, due to the presence of a bell-shaped curve among employees, the group of employees who may never have given much thought to unions — 60 to 80% — ultimately determine whether an organization will remain union-free or not.  We offer preventive union avoidance programs to help employers keep union organizers from targeting their workforces, and we offer proven measures to help you win an election if your employees are targeted.

All elections, whether in the workplace or at the local, state or federal level, are contests that mix logic and emotion.  Elections conducted by the National Labor Relations Board (NLRB) are no different, with an added measure of psychology, group dynamics and law.  In the end, employees make a choice, and place their allegiance with an outside organization or with the employer.  By laying the groundwork before an election petition is filed, an employer increases the odds of winning in the event it someday faces a representational election conducted by the NLRB.  Our firm has been helping employers stay union free since before the National Labor Relations Act was passed in 1935 and even though the modern workplace is vastly different from that of the depression-era, human nature hasn’t changed.  “There is nothing new under the sun.”  Ecclesiastes 1:9 (NIV).

If your employees are or become represented by a union, our attorneys are skilled negotiators who can represent the company’s interest effectively at the bargaining table, or in arbitration.  But, of course, the “big picture” mandates that, to be successful, an employer must operate its business with the fewest number of cost items and distractions as possible.  By protecting your right to run your business effectively and without being overburdened by the presence of a union, we add value to the unionized employer.  And, should a company’s employees consider an effort to decertify a union, we also advise employers with regard to decertification campaigns.

Whether your workplace is union-free and you want to stay that way, or your employees are represented by a union and you are looking for lawyers to protect the employer’s interests zealously and within the bounds of the law, we stand ready to help … day or night.