FEATURES

Spotlight on Union Busters:
Four Weeks and Counting

By Tim Lally

For both unions and management, the last four weeks of an election campaign are critical. Each side must use its most effective arguments and techniques of persuasion to gather peak support by election day.

While no two organizing or election situations are exactly alike, anti-union consultants always have a basic game plan for an upcoming representational vote. When you learn that an employer has hired lawyers and other professionals who specialize in keeping workplaces "union-free," you can anticipate certain kinds of behavior and plan your own initiatives and responses accordingly.

Let's suppose an election is just four weeks away. At this stage, the union is concentrating on large group meetings, home visits and literature aimed at exposing the employer's vulnerabilities. The standard, "boilerplate" strategy of the union busters is designed to force you onto the defensive. The trick is not to fall into his trap, but to stay on the offensive and maneuver the employer into reacting to what you're doing and saying.

An Election is Set

The National Labor Relations Board regional director has issued a decision and directed an election (or both parties have entered into a stipulated election agreement). When the Labor Board has determined which employees can and cannot vote and makes known such details as voting hours and the location of polling places, a race often ensues between company and union to see who will be the first to notify employees.

The employer's consultant team will begin intensive training meetings for front-line supervisors. Several times a week until election day, they'll gather to discuss and refine the not-so-subtle arts of intimidation, persuasion by instilling fear and divide-and-conquer techniques.

It's important to note that the hearts and minds of foremen and front-line supervisors are often up for grabs in ways that union organizers don't always recognize. By not taking seriously the existence of close personal ties between workers and these individuals, or by being unaware of them, union organizers may be too quick to concede this ground to their opponents.

Professional union busters, aware of such relationships and how they have been affected by them in the past, are quick to search them out. The union, through its in-plant committees, should vie for the support of all — including even those who aren't eligible to vote, but can still influence the outcome of the election.

We're not suggesting that union organizers invite middle management people to group meetings or meet openly with supervisors. But the friendship and trust that has developed over time between some workers and mid-level management can be encouraged in the hope that it may spawn a useful grapevine and an early warning mechanism to give the union an advance look at what to expect.

When the Supervisors Emerge

After all the intense training by the employer's consulting squad, the supervisors will emerge, ready to launch their carefully calibrated propaganda barrage. The initial presentation often will set the tone for the whole campaign.

"We (the good employer) want you to consider all the facts before making a decision that could affect the rest of your lives," they'll say. "Be sure you understand the difference between reality and wishful thinking."

Just as any good union organizer needs to act early to "inoculate" those they seek to organize, so does the anti-union consultant attempt to poison workers' perception of the union. "They're calling your company liars," they'll say — and while they may indeed be liars, you must be careful to avoid saying so unless you can support the charge with solid facts.

Organizers can make a great deal of headway by sharing with workers the contract terms and provisions that have been won for others in similar workplaces or in the same industry. As long as you make it clear that someone else's contract cannot be construed as a promise or guarantee of what will be obtained for them, you'll be well positioned to counter the veiled threats union busters customarily use: for example, "Every wage provision and benefit term currently provided by your employer is subject to change and could be reduced as a result of negotiations."

Speaking of threats, the employer will now raise the specter of strikes, implying that there is no alternative. He'll say something like: "Even though we think of all of you as family, if a strike takes place, we won't rule out hiring replacements."

Self-interest vs. Solidarity

A multifaceted approach is the key to placing pressure on your organizing targets. It is a great advantage to be able to point to examples of a company's vulnerabilities with respect to relationships with other businesses, insurers, banks, creditors and the general public. The employer may be subject to criticism from environmental watchdogs, civil rights advocates, consumer groups or others with broad community interests.

Union busters encourage a "go-it-alone, every man for himself" mentality. They'll argue that individual self-interest should take precedence over all other considerations. An activist-oriented campaign, in which your future membership is directly involved, is the best possible approach.

Next month: Three weeks to go!



Tim Lally is VP of Field Operations of Corporate Campaign, Inc.



Home/Lally's Articles