There’s currently a lot of speculation in the media about whether or not the Employee Free Choice Act (EFCA) will become law. If you haven’t heard of this piece of legislation, I suggest you brush up on it.
In a nutshell, the EFCA will allow employees to become unionized if a majority of employees in a work group sign a union authorization card. That’s it…no need for an election.
Many companies fear that the EFCA will increase union activity. While I’m not advocating passage of the EFCA, I’d like to toss out a slightly different viewpoint about union organizing activity. Because I honestly don’t believe that passage of the EFCA will suddenly open the flood gates to union organizing beyond our wildest dreams.
But I would suggest that some of the recent headlines on corporate decision-making will:
- More Firms Quit the 401(k) Match Game
- Using Chapter 11 to Avoid Severance Payouts
- Crisis Forces Companies to Cut Raises, Bonuses and Benefits
Union activity starts because employees are insecure about their working conditions. Employees who don’t have fair and consistent interactions with their supervisor. They don’t know from one minute to the next if benefits are going to be cut. Or even if they will still have a job. When employees are insecure about basic aspects of their jobs, they look for someone to help them gain that security vis-à-vis a third party representative (read: union).
And, I’m not begrudging any of the companies that are making tough decisions during trying economic times. Stuff happens. But what sets the future-non-union companies apart is how decisions are made and how they’re communicated.
There’s certainly a perfect storm brewing in Corporate America right now over the EFCA. What’s your organizational mantra? If you don’t feel that your employees need a union to represent them, then now is the time to take a good hard look at your practices to make sure your actions and words align perfectly.
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Jessica Lee says
thanks for blogging about this topic and helping to educate our community! you’re probably right – and most would agree – passage of the EFCA won’t increase union activity… currently 1 in 10 Americans are in a union… and the number would likely increase to 2 in 10. not bad…
for me, it goes back to the issue of do we need another law to help regulate the workplace and teach us what is right/wrong? i don’t think so… great HR pros who are in tuned with their organizations and management should help the issue… push leadership (or if you’re part of it, push yourself) to do what’s fair and right and consistent and smart. communicate with your people and make sure they have a voice internally so that they don’t have to turn to an external organization to help them have a voice and be heard… kinda just goes back to simply being a good, savvy HR pro, i think.
Michael Haberman, SPHR says
Sharlyn:
You are dead on that how management deals with their employees has a major impact on whether they seek 3rd party representation. Companies that do it right today have little to fear from unions as it stands today. The laws are balanced. Unions have complained, and have argued for the EFCA, just because management learned its lesson, showed the employees they did not need a union, and as a result unions declined. Now today, if companies mistreat their employees there is nothing that bars the employee from seeking union representation and through an existing process both parties have an opportunity to present their case to employees and that is followed by a secret ballot election where the employee is able to make a pressure free decision that no one else knows or can hold against them.
The EFCA changes that balance that exists. It opens the process up to the possibility to intimidation and abuse. Will well run companies have to worry about unionization? Probably not, but more than they had to before. Rumors and lies could be told to get people to sign cards and the company would have no opportunity to respond. I liken it to our recent presidential election. We all had the opportunity to cast our vote in private. Some people wore their choice on the sleeve, others kept it private. But under the EFCA method, if you were standing on a street corner and a group of Democrat with bats, or a group of Republicans with bats, came up to you and wanted you to sign a card to vote for their candidate you might not like it, but for life and limb you might sign. And that would be your vote. No chance to hear the candidate, no chance to make a measured, private, secret choice. No very American.
Michael VanDervort says
Sharlyn, nice post. Great points.
I don’t think there is anything more important for companie to focus on in the years to come than their culture. It will be those employers who have built strong track records, and those employers who grasp the opportunity now to DO THE RIGHT THING for their associates that will have the best chance of sustaining their present operating environments. Those that are just now waking up to EFCA now are already significantly behind in their planning and preparation.
Chris - Manager's Sandbox says
YES!! Companies that have unions have usually done something to earn them. Great post, Sharlyn!
hr bartender says
Thanks to everyone for the great convo.
It sounds like we all agree that there’s usually a reason employees seek out unions. Regardless of exactly what that reason is, Jessica’s point is well taken . . this doesn’t mean we need a new law.
Frankly, we still haven’t completely cleaned up the ADA, FMLA, and, I’m sure, a few others out there.
So, it’s time for HR Pros to take this issue on . . who’s with me?
http://www.youtube.com/watch?v=V8lT1o0sDwI&feature=related