In our two previous articles, we examined the devastating impact that the Employee Free Choice Act (EFCA) would have on employers who want to be the union free. In more recent article, we discussed the employer's decision to remain union free and consequences of this decision. Now, examining the action positive that employers should take to implement the policy direction taken in order to remain union free.

At first, it is very important that employers consider that the goal of remaining union-free and not only as something negative – the possession by a union, but rather as a positive strategy that will result not only in agreement with the union, but also produce a work force more productive and efficient. A mistake made by many employers Joint is to assume that workers want a union simply because they want more money. If wage increases can be used by the Union as a selling point, flash point that causes most of the outcome of the unionization efforts of the employer's failure to adopt and implement a program of positive working relationships.

An effective program of employee relations begins with a conscious decision that the management style of the company emphasizes teamwork rather than a command and control philosophy. Put another way, management does not think in terms of "we, as administrators, and" them as employees. More However, management believes in the "we" – all managers and employees working together to achieve a successful outcome. In practice this means that each employee, whatever their status is treated as a contributor to the success of the company s. Instead of adopting the approach of "we", management, give orders and "them", employees, follow them, every manager treats his subordinates with respect and where possible help the employee succeed. The cornerstone of a program effective relationships with employees is communication – the head of communication with employees – employees communicate with management. If management approaches that managers and employees are a team then communicates regularly with the management of employees about what is happening in the business of the challenges that face businesses and business success. If these types of communications are properly managed, employees travel account that the company believes are important, and therefore do not feel the need to mobilize external aid – a union. The other important aspect of communications is to enable employees to speak with management.

An employer who wishes to remain in concubinage, must have some form of open-door policy. This means that in the letter in the employee handbook, There is a clear statement encouraging employees to bring questions or concerns to management – to your supervisor or human resources staff. Management must be prepared to address the issues raised by any employee with interest. This does not mean that the administration in accordance with the employee, but that does not mean that management must be ready to explain a decision or policy for employees in a way that demonstrates concern for the employee was treated seriously. The administration also may use the information received through the open door policy as an early warning of potential problems at work. If there are complaints about a supervisor, whether racial or ethnic tensions in the labor market, the administration may take steps to address these issues. Above all, any policy of openness must have credibility.

If the administration believes that a supervisor or manager made a mistake, then the leadership must face the problem and correct it. It is the failure many employers to understand the fundamental role of communications that often results in a union organizing effort. For example, if employees believe that the supervisor arbitrary or unfair, or that employees have received unfair discipline or discharge, then, if the employer does not offer an internal mechanism for employees to voice their concerns, the employee can search outside the company for help. A union organizer is more than willing to provide such assistance. In general, the treatment of any form of what employees think it's unfair that launches a campaign organization. At the beginning of the organization, the union is promising higher wages, but wages are often the spark that ignites the fuse unionization. As on many other employee issues, prevention is the best approach. When is to avoid the Union, prevention is absolutely essential. This reality is even more evident if Congress passed the EFCA. As we explain in the next newsletter, under EFCA, the basic rules were followed for more than 50 years will change. It is imperative that employers under the EFCA to take positive steps to avoid the organization or the PIN in the bud, if the employer has no real hope of remaining union free.

Russell J. Thomas, Jr.
Attorney at Law
THOMAS & ASSOCIATES
4121 Westerly Place, Suite 101
Newport Beach, California 92660
Tel: (949) 752-0101
Fax: (949) 257-4756
Email: russ@employersattorneys.com
Web: http://www.employersattorneys.com

J.D., Harvard Law School, 1967

Specializes in Employment Law and Litigation;
Offices in Southern California (Los Angeles and Orange County)

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