Managers' Toolbox for Remaining Union Free

As stated in the company's union-free policy statement below (make sure you are very familiar with this), Tom Terrific Toys takes the stance that a union would not benefit the company's employees, customers or the company.

Remaining union-free takes careful navigation and that is why we are providing this online guide for managers. Please read this material and understand it. Refer to it regularly and always seek further help from HR if you are in any doubt.

We believe in the management at this company. We are on the cusp of great things and together we can create more success for Tom Terrific Toys. Thank you.

Image description: handshake between two arms, one with a hi-viz orange sleeve and one with a business suit sleeve.

Tom Terrific Toys Union-Free Policy Statement

Tom Terrific Toys is committed to treating its employees with respect and dignity and to providing them with excellent benefits, optimum working conditions and competitive wages. Tom Terrific Toys understands that at times employees have concerns and suggestions for improvements. The company encourages its employees to speak up and take advantage of the open-door policy its managers follow. The company listens to its employees and takes their comments seriously.

The direct personal relationship between Tom Terrific Toys employees and their managers ensures the best environment for achievement of individual and company goals. Tom Terrific Toys believes that a third-party influence would erode its well-established successful employee-manager relationship. A union would not benefit the company’s employees, customers or the company. 

Image description: Wooden toy made of stacked natural wooden blocks in an Escher-style formation, with holes and grooved tracks for three glass marbles.

Union-Free Campaign

INTRODUCTION

If Tom Terrific Toys is going to oppose a campaign by our employees to unionize, we must abide by specific guidelines, restrictions, and laws established by the NLRA and case law. Prior to a possible campaign, it is likely employees will approach our supervisors and managers asking them about their views, along with our company’s views on unions and unionization.

It is critical our managers and supervisors understand Tom Terrific Toys’ stance on unions, along with the guidelines established by federal law. If there is any confusion on what managers and supervisors can do and cannot do or say when approached by employees, it is imperative you contact Human Resources for direction. Otherwise, your actions could possibly lead to an unfair labor practice (ULP) charge. 

Dos and Don'ts

Image description: Graphic showing a red column of four Don'ts on the left and a green column of three Dos on the right.

FOE: Legal Strategies of Communication

Keep the following acronym in mind for the kinds of things a manager can do during a campaign.

FOE: WHAT MANAGERS CAN DO

F = Facts   Here it is important for managers to share the facts regarding the union and to help set expectations relative to the organizing process. Examples of this are to let the employees know about what we can legally do as a company and what the union can legally do during a campaign and in bargaining, or what to expect relative to how the contract negotiation process takes place if the union should win the election.
Other facts which can be expressed include:

• Share Tom Terrific Toys' views on unionization (see the policy statement).
• Share specifics directly from the National Labor Relations Act and from reputable websites. 
• Talk about representation statistics (unions represent a very small portion of the private-sector workforce today). 
• Let employees know that if they join a union they will pay dues, which can often add up to the equivalent of several hours of pay—or more—each month.

O = Opinions  Here it is okay to share your own personal beliefs of why you feel a union is bad for the employees, but make sure your message is aligned with the acronym of TIPS and our company’s position on unionization.
A few examples of this are to let our employees know that the decision to be represented by a union is their choice but that in your opinion, you would prefer to work directly with them to resolve any of their concerns. Note that Tom Terrific Toys does have a history of addressing employee concerns directly and possibly share an example of this.
It is suggested you share stories of your own experiences or that of someone else who saw firsthand the division between employees and management when the workforce was represented by a union. 

E = Examples  Here it is important for you to share specific examples of situations that involve union organizing and contract negotiations. If you do not recall or have any examples, one possible solution is to share YouTube videos that unions post showing outrageous behavior on the picket line, specifics of promises made during campaigns at other companies versus contracts that unions have negotiated, information about strikes and fines to employees who cross picket lines, and stories about union corruption. More importantly, share examples of when Tom Terrific Toys experienced positive actions as a result of working directly with the employees.

TIPS: Unfair Labor Practices during Organizing Campaign

This acronym is essential to recall when questioned by workers during a union campaign.

TIPS:    WHAT MANAGERS CANNOT DO

T = Threats: Threats or coercion by management are prohibited. Several examples include telling employees the company will close a work location or a plant if employees vote for union representation. Threatening to discipline a worker or terminating their employment because they support the union, or making statements about discontinuing benefits or reducing pay if the union is voted in.

I = Interrogation: It is illegal to ask employees about their support of the union or to ask about the alignment of their peers relative to union support. Examples of interrogation include asking employees to give the names of those who attended an organizing meeting, polling employees to see who is a company supporter and who is a union supporter, asking employees if they (or others) have signed an authorization card or how they (or others) will vote, and seeking grievances from employees during the campaign.

P = Promises: Our company cannot interfere in the organizing efforts by assuring our employees that we will make things better for them if they just keep the union out. This is considered to be just as illegal as making threats. Examples of promises include agreeing to address grievances during the campaign, offering our employees pay increases or better benefits, or promising those promotions or special treatment for supporting the company instead of the union.

S = Surveillance: This should be fairly obvious. Spying on which employees are attending a meeting, taking pictures, telling others someone is a union supporter, or listening in on and taking notes on what people are saying is highly illegal. Furthermore, management should never attend a union meeting, even if invited.

A Brief History of Labor Law

ou might ask yourself where this all started. Without going into a lot of detail, there is a long history with the labor movement in the United States. In 1935, Congress enacted the Wagner Act. The act gave employees the right to organize and join labor unions. It also allowed them to bargain, as a collective, with representatives, and to strike if they felt their work conditions were unfair. Additionally, the act enacted the National Labor Relations Board (NLRB), a three member board appointed by the President. In short, the Wagner Act gave employees the power to unionize and prohibited employers from specific actions.

In 1947 Congress modified the Wagner Act with the Labor Management Relations Act, commonly known as the Taft-Hartley Act. The Taft-Hartley Act kept the important features of the Wagner Act, but added provisions some felt were anti-union. These provisions allowed the President to appoint a board to investigate any labor disputes which may endanger the countries health or safety. Based on the results of the investigation, the Act allowed the President to ask the Attorney General to seek an injunction to prevent the strike from happening or prevent it from continuing. In addition the Act prevented certain labor union actions. Some included:

•  Secondary Boycotts. This was used to get employees of another company to strike so their employer would stop doing business with the company whose workers were on strike. 
•  Sympathy Strikes/Boycotts. These strikes were an attempt to influence another employer, not the union’s employer, to bargain with an unrecognized union. 
•  Jurisdictional Strikes/Boycotts. These strikes were attempts to force unions to give work to one union over another. 
• Since Congress enacted the Taft-Hartley Act in 1947, there have been six critical amendments which are in play today. These include: 
•  Continued protection for employees under section 7 of the Wagner Act, giving employees the right to form unions and collectively bargain with their employers. Additionally, this amendment protects employees from unfair coercion by unions when forming a union. 
•  An employer cannot refuse to hire prospective employees because they won't join a union. However, an employer has the right to sign an agreement with a union that requires an employee to join the union on or before the employee's 30th day of employment. 
•  Unions have a requirement to bargain in good faith with employers, where the Wagner Act required employers to bargain in good faith with their employees. 
•  Unions are prohibited from secondary boycotts. If a union has a dispute with their employer, they cannot, under the law, coerce or urge another entity to stop doing business with their employer. 
•  Unions shall not charge their employees or take advantage of the employer by charging their members excessive initiation fees or membership dues. Additionally, unions will not cause employers to pay for work that its members did not perform. 
•  Employers have the right to express their views and opinions about labor issues, and these views do not constitute unfair labor practices provided the employer is not threatening to withhold benefits or engage in other retribution against employees.