By Tim Lally

After all is said and done in a contentious union election campaign, neither side can afford to sit back and relax on the eve of the voting, even when one side clearly appears to hold the edge.

At times like this, expect the unexpected. Figuratively speaking, rabbits will be pulled out of hats. Seasoned union busters will pull out all the stops if they think the union might prevail. And if ever there was a time when anti-union adherents would be likeliest to provoke violence this is it.

Management and their consultants may feel emboldened to encourage a visible demonstration of what they have alleged throughout the campaign — namely, that unions breed dissension in the workplace.

The potential for such management provocation is not always easy to recognize. The attentive union organizer will look for signs of it, such as reports of verbal altercations, sexual harassment, company bullies being transferred into departments where there is a high level of support for the union, and cases of intimidation outside the workplace.

Regardless of how it originates, violence always poses a dilemma. Publicly identifying where the hostility came from may help, but won't resolve underlying fears that the workplace may become a very hostile place if the union wins. At a minimum, the union should promote non-violence and strongly encourage those who might be prone to violence not to be provoked. When conflicts arise organizers should encourage all pro-union workers to "turn the other cheek."

The Full-Court Press

With so little campaign time remaining, activist unions at this stage will have their in-plant committees functioning at full tilt. They will have identified strong supporters, the uncommitted, and co-workers who don't favor a union at all. Since management's consultants have directed the employer to do the same, the endgame for both sides is to sway the group still on the fence.

For the employer, that means intense one-on-one sessions pairing supervisors with undecided members of the bargaining unit. For you and the union, it means targeted home visits in which organizing committee volunteers reach out to those same potential voters.

During the last week there will also be one or more handouts or mailings by the company as well as the union. Each will be timed to reach voters as close to election day as possible. Naturally, management will attempt to push its "trust only us" line of malarkey, while the union will emphasize a "look forward to a better future" theme, complete with outlines of the kind of proposals the union and its member-based negotiating committee plans to present to the company.

The employer may proclaim or imply that he has a "new attitude" and has suddenly realized the need to improve communications with workers. A savvy union response to such a claim would be, "That's why we're here, to keep 'em honest and ensure that your voices are heard."

The 'White Knight' Approach

In a large-group setting, a top management official who has not previously been seen during the campaign may appear. He announces: "Because of the sensitive legal circumstances at present, we are prohibited from making any promises just now. However, be assured that your concerns have not gone unnoticed. If you support us at this most difficult time, major changes will take place in the future."

Whether or not this kind of appeal materializes you should assure those you have been organizing that shortly before election day, there may be veiled promises and vague assurances that are no guarantee at all and that the employer would never dare to put in writing. If management were truly sincere, why fight the union in the first place? Guarantees for workers are what contracts are all about.

The union also needs to pull out all the stops. The last week of the campaign is probably the best time to unveil labor and community support for the organizing drive. Schedule that rally. March up Main Street. Call out every available unionist, religious leader and political leader who would speak out for justice.

At this juncture, even if your chances of winning are slight management may minimize retaliatory moves against union supporters simply because of the fear that a larger social movement has grown out of the attempt to organize their employees. And even a minimal public turnout before the vote can strongly encourage workers who need to know they are not alone in the struggle.

Prior to the vote organizers should know who is scheduled to work and when even though you have done everything you can to publicize the date and times of the voting. You can't leave anything to chance. If you know any union supporters who have the day off make sure they show up to vote, even if it means offering to drive them to the polls yourself. I've seen more than one election in which my own union observers told me that they forgot to vote.

Counting the Ballots

Face it: you go to enough representation elections, you're going to experience a few squeakers. I've always dreaded ballot counts, even when I knew my union was going to win. You stand there trying to keep count while the Labor Board agent separates the ballots into two piles. What's the point in trying to keep an accurate count anyway — so you'll know the results 30 seconds before the tally is officially announced.

In more than 20 years of organizing I have yet to get the count right on my personal check-off sheet. What I have succeeded in doing, however, is determining the outcome before a single ballot was cast.

If we do our homework and regularly interview members of the organizing committee, we'll know how each and every employee stands long before they enter the booth. If we don't, we risk everything. There is no such thing as a silent majority. If you see certain people turning out to vote, or at least hear them discussing the issues, you can probably predict how they'll vote.

Now start planning that big victory party!

EDITOR'S NOTE: We'll be returning to the subject of anti-union consultants in future issues. Please tell us about your experiences with union-busting law firms and consultants. Send your letters to letters@laboreducator.org