Union busting
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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.
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[edit] 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.). If the union-buster were to be caught doing this, the likely result would be 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.
[edit] 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).
