It sounds like a good idea. “Employee Free Choice Act” – give employees the choice whether to join/form a union.
Doesn’t it make sense that in the one country with the greatest amounts of freedom and liberty, employees would be “free” to choose if they want someone to represent them in their discussions with management? That they would be “free” to join together an negotiate with management for better working terms and conditions (things like wage rates, health care, and working hours)?
But, wait a second. Don’t those rights already exist?
National Labor Relations Act
The National Labor Relations Act (NLRA), or the Wagner Act, signed in 1935 protects the rights of most workers in the private sector to organize labor unions, to engage in collective bargaining, and to take part in strikes and other forms of concerted activity in support of their demands.
Today, employees can express interest in forming or joining a union by having enough people sign union cards, then having a secret ballot where everyone in the proposed union votes on whether they want join. The presumption is that if enough people sign cards to begin with, then the balloting will turn out in the same favor.
Here’s the problem: Union cards are controversial. Unions want to “encourage” people to sign, and companies want to “discourage” the people from signing. Both sides are prevented by law from coercing employees from doing one thing or the other. However, union cards are usually passed around without management’s knowledge because the unions fear both retaliation and opposition from the company.
Retaliation from the company is unacceptable and should not be tolerated. But opposition should be allowed if not encouraged. Giving both the union and management to provide information to employees is critical to their ability to make their own, reasoned decisions. Then, if enough people still want to pursue a union, the secret ballot gives every single person a chance to express their true desires without fear of retaliation from either management or the union.
Free Choice Takes Away the Right to Vote
Think about this.
“Recently, unions have switched the focus of their organizing operations from private balloting to publicly signed cards. These so-called card-check campaigns make it much easier for unions to organize workers, but most companies strongly resist the idea of denying their employees a vote. Unions now want the government to take away workers’ right to vote and certify unions after only a card-check campaign. The Employee Free Choice Act would do this and more.” (The Heritage Foundation)
The Employee Free Choice Act will take away an individual’s right to a protected, secret vote. If passed, unions will be able to be certified if only a majority of people sign cards. The two problems with this are (1) the opportunity for unfair compulsion on the part of the unions, and (2) employees may be forced into a union without the opportunity to express their opinion/choice. The Employee Free Choice Act will actually take away employee free choice!
Should You Care About This?
Why does this matter to you as a business leader?
Having worked with unions, I have experienced first-hand the difficulties and challenges associated with this. At the same time, I have worked very directly and personally with individuals in companies who believed their rights were not being recognized and affirmed. I won’t go into that detail.
But, consider this: a union becomes a third-party with whom you must discuss and negotiate certain items, rather than being able to deal with the employee directly. When it comes to creating a productive, cost-effective workplace this third-party interaction is extremely ineffective and causes you to lose productivity and increases your costs.
Your greatest ability to be successful is to deal with individuals directly.
Punishment and Rewards
To be clear, businesses and management that take unfair advantage of employees should be punished. However, businesses and management that work directly with employees to achieve mutual gains and needs should be rewarded.
The reality is, they are. Whether it happens as a result of strikes, penalties, or other forms of punishment, those businesses and managers who treat employees poorly are punished by the market. Whether it happens as a result of high engagement and commitment from employees, those businesses and managers who treat employees well are rewarded by the market.
There is no need for union (or any other type of) representation for employees when management pays attention, addresses critical needs, and communicates clearly the purpose and goals of the business.
Workforce Expertise:
Learn what your people are thinking; find out their needs; understand what is most important to them and determine what you, as a business leader, can do to create the most appealing and profitable workplace.
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