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Union busting is a practice, considered by some to be unethical, undertaken by an employer when employees are attempting to join a union. It is the process which some employers may use to prevent their employees from joining a labor union. Another form of union busting is firing an already organized workforce and hiring non-union labor.
During a union busting operation, usually a highly paid Labor Relations consultant, or a "union buster" as they are informally called, is brought in during a union organizing drive to try and convince workers not to join the union.
Union busting tactics
The following tactics are sometimes used:
Supervisors and managers can deliver letters, speeches, and informal chats, sometimes prepared by a union-buster.
Employees may be asked to attend one-on-one discussions, group meetings, or lectures about the union, during which they will be paid. Employers must be careful not to intimidate their employees, because employees can appeal to the NLRB, usually resulting in an election being rerun, and in some cases resulting in the employer being automatically required to recognize the union as the bargaining unit representing employees. At these meetings, employers discuss the negative aspects of a union and try to convince employees not to join.
In some cases, supervisors and managers will walk the floors more frequently and arrange impromptu chats and meetings to find out what their workers are up to. However, this can also be interpreted as intimidation and can get the employer in trouble.
The union-busters may prepare many letters to be signed by administrators, employees, and well-liked supervisors and managers. They may express appreciation for what the employees have done for the company, admit having made mistakes in the past and express an intention to do a better job in the future. They may also paint an ugly picture of the union or suggest that the union is hiding something. Lying to employees however, is strictly forbidden.
To convince employees that they don't need a union to obtain improvements, a company may provide unexpected increases in wages or benefits, although they cannot condition said benefits or wages on union participation or threaten wage cuts.
In extreme cases the union-buster may direct management to play one group of employees against another to generate disunity (e.g. "disloyal" union supporters versus "loyal" union opponents, one department against another, etc.). This would likely result in harsh penalties for the company.
United States Labor law presents very strict guidelines for both employer and union actions in union organizing. Unions and employers can attempt to present their factual case against or for the union, but employers cannot threaten employees or even make them feel intimidated. The union buster's key strategy, when confronted with an election, is to organise a Counter-Organizing drive.
Counter Organizing Drives
Most employers hire a union avoidance firm to run their counter-organizing campaign. The "counter organizing drive" is the employer's attempt to convince employees attempting to organize to vote against the union. Management and supervisors can attempt to convince workers that the they are insulting their leadership skills in pushing for union representation. The labor relations expert will often do extensive research into the background of the organizing union and the organizers' background in an attempt to find discrediting evidence against them.
In very extreme cases, labor relations experts hired by the employer may spread incorrect rumors about union supporters and organizers. Martin Levitt, in his book "Confessions of a union buster" is quoted as saying, "To fell the sturdiest union supporters...I frequently launched rumours that the targeted worker was gay or was cheating on his wife. It was a very effective technique, particularly in blue-collar towns." In 30% of counter-organizing campaigns an employer fires somebody illegally (Undermining The Right To Organize: Employer Behavior During Union Representation Campaigns,Based on NLRB Region 13 Data). These terminations of employment are illegal under the National Labor Relations Act. Section 8(a)(3) protects employees from wrongful discharge for engaging in protected activity. Protected activity encompasses a wide variety of behavior which shows support for the union organizing campaign (e.g. wearing union paraphenalia, picketing, signing authorization cards).
UNION BUSTING 101
What is a union buster? A union buster is a firm or individual hired by an employer to thwart a union organizing drive by employees.
Why do Companies hire union busters? One simple word . . . control. With a Union, employers lose the ability to totally control the workforce, since employees collectively gain rights with a union.
Why don't we hear about the union buster? This is one of the ways a union buster operates - behind the scenes. If you get letters signed by management that imply bad things happening with a union, you can bet that letter was written by a union buster. Also, if a union buster is engaged in direct dealing with employees, the union buster has to file financial reports with the U.S. Department of Labor. Employers do not want public knowledge of their expenditures to the Union busters.
How does the union buster operate ? A union buster seeks to achieve two things: One, to create a sense of dissention and division among employees during an organizing campaign; and, two, to spread the greatest amount of misinformation about the union possible before an NLRB election. Union Busting Watch
During EVERY Union campaign, beware of the fact that your Employer DIRECTED BY THEIR UNION-BUSTERS will try everything in their power to deceive you in their attempts to keep control. In principle, no employer wants to give up control to its employees. That is why employers will use every tool at their disposal. They'll use letters, rumors, threats, phony committees, captive audience meetings, special perks, videos, fear, scare tactics, lies about corruption and anything else they can think of to convince you to vote no.
These methods are contained in standard propaganda packages developed and sold by highly paid professional "union-busting" consultants (paid approximately $1,000 - $1,500 a day plus expenses).
They are designed to confuse workers into thinking that they don't want or need a Union. Don't allow some highly paid "consultant", sometimes disguised as Human Resource Personnel to tell you how to think. Don't be distracted - even by a small group of employees who may be misled by management and are campaigning against you and your right to form a Union.
THESE "UNION BUSTERS" TELL MANAGEMENT WHAT TO DO.
Following is a checklist of tactics "union busters" use to try to defeat union campaigns. Use this guide to prepare yourself and your colleagues for what will happen. Keep track by checking off each tactic your Employer and/or its Human Resource Personnel attempt to use to try to DEFEAT YOU !
PRESSURE FROM SUPERVISORS:
Supervisors will be front-line troops against the union delivering letters, informal chats and speeches prepared by the "Union Busters."
LETTERS, LEAFLETS, MEMOS AND MORE MEMOS:
The "Union Busters" will write you many letters and hand out lots of leaflets during the union organizing campaign... only the letters will be signed by upper management, or the Human Resource Personnel - not the Union Busting consultants.
INCREASES IN PAY:
They may tell you, you don’t need a Union to get wage increases, and they were about to increase your pay just prior to the start of the organizing campaign. They may even tell you now that the Union is here they can’t by law give you a raise but would like to give you a dollar raise. DON’T BE FOOLED.
LOVE LETTERS:
In some of the letters, the "union busting" consultants will have management say how much they really appreciate what all of you do for the organization. They might even admit mistakes! They want to convince you that the "boss" is really a good person who can be trusted with your future.
THE UGLY UNION LETTERS:
Most of the letters will paint a pretty ugly picture of the union. Management will want you to think the union is just out for money. They will even refer to the union as a "Third Party." The FACT is, the workers ARE the union - they form the collective voice. The officers will elect their own representatives and will decide what issues they wish to promote and negotiate.
LOVE OFFERINGS:
The "Union Busters" will tell management to give you some unexpected perks (i.e. bonuses, paid lunches, parties, etc...) They want you to believe you don't need a union to get good things and improve security.
LET'S BE PALS:
Management and their RATS will be everywhere. Walking the floors - on every shift. Setting up spur-of-the-moment chats so he/she can find out what's on your mind. "Don't' let a 3rd party come between our wonderful relationship!" BEWARE !
ONE-ON-ONES:
Your supervisors or the Human Resource Department may call you in for face-to-face talks about the union. You have no choice if they insist, however, you do have the right to ask a fellow employee to sit in with you. Also, you do NOT have to divulge your interest in the Union. The supervisor or the Human Resource Department has been told what to say by the "union buster consultants."
DIVIDE AND CONQUER:
They will try to play one group against the other: "Disloyal" union supporters against "loyal pro-employer" union opponents; men vs. women, older vs. younger, day shift vs. night shift, one department against another - whatever works for them.
"VOTE-NO" COMMITTEE:
A small group of employees might be set up to "stand up" for the employer. They want to "save" the organization from the Union. The "Union Buster" is behind this committee and is training the leaders to destroy the union organizing efforts.
CAPTIVE AUDIENCE MEETINGS:
Employees might be required, on paid time, to attend meetings where top management will deliver a speech. It is not an open debate. Remember Don’t be Fooled by Union-Busting Propaganda.
SCARE TACTICS
Management’s biggest weapon is Fear. In the Security Industry beware of threats of Outsourcing your Job Tactics. This is common in every Union Campaign. Remember - presently you are a, AT-WILL – EMPLOYEE with No Rights, No Voice or No Job Security.
You can be FIRED or Replaced by management at anytime ! Don’t be Fooled ! Only by Unionizing, can You Legally Protect you JOB !
U are the UNION and If U want a VOICE to Negotiate Your Wages, Benefits, Job Security and Working Conditions U must Stand Up and Be Heard !
Remember: 99.9 % of union Do NOT charge Initiation Fees as management would like you to believe. Nor do they charge any monthly dues (which union members call Job Security) until the union negotiates on your behalf your written contract and the majority of officers of VOTE to accept its terms and conditions.
In reality no security professional would vote to accept the union contract if they were to receive less. This result is a WIN WIN situation for every security officer professional to gain the wages and benefits you deserve!
What can I do about the union buster's tactics?
Remember, the union buster plays off of an employee's lack of knowledge about a union. Employees can do several things to counter the union buster:
Ask the Company if they have hired a union buster - Ask the employer's representative whether they have hired a "consultant" to work for them to "educate" employees about the union. Ask the employer how much they are paying the consultant. Employers don't want you to know that they have hired someone to interfere with your rights to organize a union, and you will make them nervous if they have to answer this question. Most union busters charge anywhere from $750 to $2,000 per day plus expenses for their services.
Document - Have as many employees as possible document everything that a supervisor or manager says to employees, whether to a group of employees or an individual employee. A union buster will oft times violate the law in what he says about the union.
Ask Questions - If a supervisor makes an implied threat, ask the supervisor or manager point blank what he or she is trying to say. The employer cannot legally make direct threats to employees about union organization.
Ask for the information the union buster presents in writing - Remember, the general, vague information that supervisors and managers are giving you comes directly from the union buster. Ask management for the information that they are presenting to you in writing.
Protect and support each other - If a supervisor is shadowing an employee, band together for support. A union buster can only be effective in creating fear if the employees let him. If employees stand up to the union buster, he cannot be effective.
Ask the Union - If you have questions about what the union buster is having management say, contact the union for answers.
You can beat a union buster at his own game by sticking together!
These UNION-BUSTING
Videos are used by management in their
MANDATORY CAPTIVE AUDIENCE MEETINGS
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Fear
Is managements Weapon of Choice !
Common Misconceptions and the
TRUTH about UNIONIZATION
Management will always oppose a union, that’s a fact. Your managers and supervisors will employ empty promises, lies threats and intimidation tactics when you try to organize.
Management has been using these deceptions for years, however when these tactics are exposed for what they are, security professionals like yourself vote in favor of Unionization!
Deception # 1 Supervisors usually come around asking for another chance to change problems on the job, once an organizing drive gathers some momentum. The company may tell you that they didn’t know you and your co-officers were dissatisfied. Your supervisor may well start treating you better and showing new concern for your well-being.
The TRUTH:
When workers give the company a second chance, they are always bitterly disappointed. Once the pressure is off, the company rarely changes. In most cases, your chance of winning an organizing drive is best the first time around. Don’t be tricked out of your first, best chance
Deception # 2 Although it is illegal, the company will say you’ll be bargaining from scratch. Management will tell you that when you negotiate a contract, you may lose the wages and benefits you already have.
The TRUTH:
It is illegal for an employer to threaten to reduce benefits if a union is voted in. when you negotiate a first contract, you stat from the pay and benefits you already have and build on them. You are the union and you and your co-officers decide what to ask for in your contract.
Deception # 3 The company will tell you you’ll never benefit from a UNION Contract because they’ll never sign one. Since it is illegal to say this directly, they may say, “Remember we don’t have to agree to what the union wants in the contract”.
The TRUTH:
Your company is legally required to negotiate with the union you choose. Every company talks tough before workers organize; don’t let them bully you. It’s in the company’s interest to keep its employees satisfied and keep the work flowing. Once you present them with reasonable contract proposals, management usually compromises.
Deception # 4 Although it is illegal, the company may tell you that if the union is voted in they’ll replace you and your jobs by outsourcing its security department to a non-union company.
The TRUTH:
It is illegal for an employer to threaten you or your jobs for trying to organize a union. The bottom line is the National Labor Relations Act Section 7 protects your rights to organize and makes it illegal for an employer to outsource your jobs and/or replace you for voting in a union.
Deception # 5 Management may tell you that a union can force you out on strike whether you want to go or not. They may threaten that if you leave your job for a strike you could lose it forever. They may ask you how your family will survive if you are forced out on strike.
The TRUTH:
When a company threatens that a union will force you out on strike, they break the law. No union can force you to strike. No union wants to strike. Strikes only happen when the company refuses to bargain in good faith with the union and its employees. In any event a strike is a decision voted upon by you and your co-officers. If the majority officers don’t want to strike, there is no strike! Almost 99.9 percent of all SPFPA contract negotiations are resolved without a strike.
Deception # 6 The Company will tell you that the union just wants your money. They may lie about the amount of dues and/or initiation fees you will pay to be a SPFPA member. They may also tell you, you’ll have to pay dues immediately after voting for a union. This is a Lie!
The TRUTH:
There are NO Initiation Fees and dues are only payable after SPFPA negotiates your Written Union Contract, which you must vote to accept.
When you compare your present pay, benefits, working conditions and the lack of job security vs. improvements in pay, benefits, working conditions and job security spelled out in a Written Union Contract, the cost of belonging to SPFPA far exceeds the monthly dues of two and a half times your hourly rate –an hour of which is used to run your own newly established SPFPA Local. Please note: A wage increase of just .25 cents per hour x 40 Hours per week = a $40.00 monthly raise far exceeding SPFPA’s monthly dues !
Deception # 7 Your employer will tell you “The Union can’t guarantee you not one cent” and that you may well lose your wages and benefits by voting for a UNION.
The TRUTH:
Right now you are an at-will employee and can be fired at anytime without any rights or Federal or State laws protecting you! The truth is with a UNION, you at least have laws protecting your rights in the event of retaliation and the right to negotiate a legal and binding contract that indeed does GUARANTEE you the wages, benefits, and Job Security you all deserve!
Remember YOU are the UNION ! …….
and the last thing your Employer wants is to give YOU and your Co-Officers the POWER to Enforce a Written Union Contract Protecting Your Rights !
The TRUTH:
Without a Strong Union fighting for you and/or a Written Union Contract Protecting Your Rights …Your Employer has the Ultimate POWER to…. Fire You without just cause - Outsource Your Jobs – Change Your Shift-Lower Your Wages – Cut Your Hours and anything else he can think of …… BEWARE !
That is WHY Management is Fighting So Hard to Convince you not to belong to our STRONG UNION
VIEW THE LM-20 FORMS OF UNION BUSTERS REQUIRED BY THE DEPARTMENT OF LABOR
Remember a Union-Busters Job is to try to Convice YOU from Voting For The Union.
BEWARE!
