Maintaining a Cooperative Workforce

1. Maintaining a Cooperative Workforce

2. Maintaining a Cooperative Workforce

3. What's Ahead . . . • Topics covered: • Overview of labor unions • Effects of unionization • Recognizing and responding to union efforts • Possible impacts of the Employee Free Choice Act (EFCA) • Team-oriented management • Effective communication with employees • Giving feedback and reviews

4. Labor Unions: An Overview • Labor unions have legal status to represent the workforce • Unions can bargain collectively • Most unions are within two umbrella organizations • AFL-CIO • Change to Win Federation • U.S. union membership varies by state and occupation

5. Labor Unions: An Overview (cont’d) • Labor unions have legal status to represent the workforce • Unions can bargain collectively • Most unions are within two umbrella organizations • AFL-CIO • Change to Win Federation • U.S. union membership varies by state and occupation

6. Labor Unions: An Overview (cont’d) • Labor unions have legal status to represent the workforce • Unions can bargain collectively • Most unions are within two umbrella organizations • AFL-CIO • Change to Win Federation • U.S. union membership varies by state and occupation

7. Labor Unions: An Overview (cont’d) • Labor unions have legal status to represent the workforce • Unions can bargain collectively • Most unions are within two umbrella organizations • AFL-CIO • Change to Win Federation • U.S. union membership varies by state and occupation

8. Effects of Unionization • Once unionized, a company must negotiate and come to a collective bargaining agreement (CBA) with the union • Fundamental business decisions must be made in accordance with the CBA • Unionized company is at a competitive disadvantage • Company's ability to hire and fire is limited • Unionized companies can become stigmatized

9. Effects of Unionization (cont’d) • Once unionized, a company must negotiate and come to a collective bargaining agreement (CBA) with the union • Fundamental business decisions must be made in accordance with the CBA • Unionized company is at a competitive disadvantage • Company's ability to hire and fire is limited • Unionized companies can become stigmatized

10. Effects of Unionization (cont’d) • Unionization changes your relationships with employees • Relationship is no longer direct • Supervisory/managerial discretion is greatly reduced • Divide between management and the workforce widens • As a supervisor or manager, you have an interest in avoiding unionization

11. Recognizing Unionizing Efforts • Signs that employees are engaging in unionizing efforts may include — • Petition-signing • Filing charges with government agencies • Higher absenteeism • Talk of "just cause," "grievances," etc. • Silence or minimal talk with supervisors/managers • Out-of-the-ordinary meetings at or near the workplace • Pro-union postings • Report any such signs to Human Resources or upper management

12. Pop Quiz! • Meg, a supervisor, notices that several of her employees are meeting in a conference room during lunch — for the third time this week. What should she do? •  Interrupt and ask why they are meeting. • Send a tactful e-mail telling her employees why unionizing is bad. • Report her observations to HR. • Talk to her most trusted employee and ask if they're unionizing.

13. Responding to Employees • You cannot engage in unfair labor practices • You can point out to employees facts about unions • Financial commitments • Negotiations • Rules • Strikes • Unions are often voted down by employees because of their risks

14. Employee Free Choice Act • Current law: Employers can demand secret-ballot election and educate employees before election • "Employee Free choice Act" (EFCA) may soon amend NLRA to make unionization easier by — • Allowing unionization without election if 50% of employees sign authorization cards • Imposing deadlines for negotiating CBA • Requiring mediation EFCA may impose more punitive remedies and higher civil penalties

15. Employee Free Choice Act (cont’d) • Current law: Employers can demand secret-ballot election and educate employees before election • "Employee Free choice Act" (EFCA) may soon amend NLRA to make unionization easier by — • Allowing unionization without election if 50% of employees sign authorization cards • Imposing deadlines for negotiating CBA • Requiring mediation EFCA may impose more punitive remedies and higher civil penalties

16. Team-Oriented Management • Employees unionize when they perceive unequal treatment/lack of respect, not because of wage or benefit issues • Encourage sense of equality and dignity among employees by — • Being a facilitator and coach, not a warden or dictator • Avoiding arbitrary decision-making • Respecting employee autonomy and privacy • Exercising authority sparingly, thoughtfully and respectfully

17. Support vs. Control • Ways to establish support include — • Seeing your role as helping your employees succeed • Making employees feel that they belong and are appreciated • Trying to make work and the work environment comfortable and rewarding • Practicing positive reinforcement and recognizing employee accomplishments • Welcoming employee input You gain respect by extending it to others and acting with integrity — not just by holding a position of authority

18. Effective Communication • Strengths and drawbacks of various forms of communication — • Face-to-face: Sensitive or potentially contentious communication should always be face-to-face • Phone: A quick phone call is okay for less serious, uncomplicated communication • Written: Written communication is good for complex topics and keeping a record of what is said • Trying to convey humor, sarcasm or strong emotion (especially anger) in writing is risky • Be especially careful with e-mail and instant/text-messaging

19. Effective Communication (cont’d) • Three important steps to effective communication: • Preparing before you speak or write • Active listening: Making a concerted effort to listen to the other person • Responding appropriately, such as by saying "I understand that you're upset" when the other person is frustrated

20. Effective Communication (cont’d) • Three important steps to effective communication: • Preparing before you speak or write • Active listening: Making a concerted effort to listen to the other person • Responding appropriately, such as by saying "I understand that you're upset" when the other person is frustrated

21. Effective Communication (cont’d) • When communicating with employees — • Welcome, solicit and consider their input • Be sincere, professional and express appreciation — avoid condescension and patronization • Take interest in their wages, benefits and working conditions • Make an effort to solve problems and make things better • Address job-security issues — mergers, acquisitions, rumors of layoffs, etc.

22. Feedback and Reviews • Keep these principles in mind — • The employee's contributions should be recognized over his or her willingness to obey, submit or flatter • The employee should have the opportunity to ask questions, respond to your observations, and comment on your performance without fearing retaliation • You should acknowledge and try to remedy reasonable and solvable discontent • Where the employee expresses unreasonable or unsolvable discontent, you should explain why you will not or cannot remedy it

23. In Conclusion... • We must foster a work environment in which our employees feel that they are being treated fairly and respectfully at all times • Fostering good relations with your employees makes your job easier and our workplace more pleasant Good communication helps to maintain a win-win employee-employer relationship

24. Alert! • As a Reminder . . . • Communication is a key component to being an effective manager • Use face-to-face discussions; talk and listen; provide and accept feedback. • Management Style • Coach and lead your employees; remember that respect is a two-way street. • Be a problem-solver • Find ways to let employees know you are interested in their workplace issues. • Deal with problem employees in a timely manner • Be consistent and clear in disciplinary actions. • Report employee issues/concerns to Human Resources, FEP and Senior Management • Partner with the appropriate departments to ensure that issues are addressed. • Unhappy employees do not always leave and can be the source of unionizations • Most people who seek to unionize are more anti-management than they are pro-union.

25. Final Quiz

26. Questions?

27. Thank you for participating! This course and the related materials were developed by WeComply, Inc. and the Association of Corporate Counsel.