Anybody Want A Union? Steps To Take To Preserve Non-Union Status Pittsburgh Employment Law Conference Thomas P. Brady and Jeffrey R. Gordon October2,2014 GENERAL FACTS AND OBSERVATIONS CONCERNING UNIONS GENERAL FACTS AND OBSERVATIONS • Private sector unionization has been on the decline • Reasons for decline in unionization: statutes; unions have made businesses uncompetitive • Myth that unions are good for business is just a myth • Costs of being unionized are significant 4123947711 clarkhill.com GENERAL FACTS AND OBSERVATIONS (cont’d.) • Unions have greatest impact on first-line supervisors • Issue causing employees to unionize – supervisory favoritism and unfair treatment • Preventative measures are critical • Employers should inform employees of employer’s position regarding unions 4123947711 clarkhill.com GENERAL FACTS AND OBSERVATIONS (cont’d.) • Deck is stacked against employer • NLRB is pro-union • Unions are using tactics that are becoming increasingly sophisticated • It is difficult to get rid of union once a facility is unionized 4123947711 clarkhill.com GENERAL FACTS AND OBSERVATIONS (cont’d.) • Unions tend to protect marginal employees • Bad employees often assume positions of power in unions • Legal restrictions on what an employer may say or do in opposing unionization should not paralyze the employer into inaction • Unions can sneak up on employers 4123947711 clarkhill.com GENERAL FACTS AND OBSERVATIONS (cont’d.) • Employers can’t always believe what employees say regarding their lack of support for unions • Union avoidance begins at time of hire • Single most important factor in union avoidance is communication 4123947711 clarkhill.com GENERAL FACTS AND OBSERVATIONS (cont’d.) • Union avoidance requires consistent effort • Objective of union avoidance – make unions unnecessary 4123947711 clarkhill.com CURRENT RULES OF UNION ORGANIZING APPROPRIATE BARGAINING UNIT • Appropriate bargaining unit is important issue • May be more than one appropriate unit • Group of jobs or job classifications • Certain positions and individuals may not be included • Supervisors • Managerial employees • Confidential employees 4123947711 clarkhill.com