What You Can Do - Evaluate Your Risk

Widespread changes to your workplace will occur if the Employee Free Choice Act (EFCA) – commonly called “card check” – is enacted. There are several elements to this legislation that make it imperative for you to carefully evaluate how vulnerable you may be to changes that will likely make it much more difficult for you and your employees to be optimally productive.

Because a major feature of card check calls for automatic recognition of a union after a simple majority (50% plus one) of employees sign union authorization cards, employers may have little time, if any, to even discuss the matter with employees. Thus, you need to move immediately to show employees the benefits of working directly with management rather than with outside representation. If you have a proven track record of positive employee relations, you have a head start on the situation; whatever your situation, you can reduce your risks by improving your employee relations – it’s in everyone’s best interests. 

Following is an initial checklist to use to begin evaluating your company’s vulnerability:

• Are there any issues pending, or that you can foresee in the near future, that might serve as a rallying point for employees?
• Do you have open lines of communication between employees and supervisors that allow information to be shared up and down?
• Is there a process in place to inform employees precisely how your company is positioning itself competitively, and how their work roles support the strategy?
• Do forums exist for discussing any problems and/or concerns of the business and the workforce, and do employees know what the process is for raising problems and concerns? Is there a shared timetable for working toward problem resolution?
• Do you have a work environment where employees generally believe everyone is treated fairly and there is no favoritism shown regarding such items as promotions, overtime and pay?
• Is your wage and benefits package competitive in your marketplace and in your specific industry within your community?
• Are unions discussed as part of your employee orientation program, and are there avenues where employees can have questions answered about third-party representation?
• Do you regularly communicate with employees about policy issues – such as card check – that could have a dramatic impact upon the company and thus on their jobs?
• Do you have an early warning system in place to alert you of any union-organizing activity?
• Do you have a communications plan and a campaign team in place to immediately address an organizing effort?
• Are all of your managers and supervisors trained to recognize any situations that may develop that could encourage support for outside intervention, and are they comfortable dealing with such situations?
• Are all of your employees aware of the added significance that could be given to signing a union authorization card?
• Do you have lawful workplace policies in place regarding solicitation and distribution, no trespassing/facility access, email and bulletin board use, buttons and insignias, to reasonably control employee and non-employee activities and use of your company's property?

EFCA contains such wide-ranging changes in labor law that even companies that already have a union presence will face challenges. For all companies, your legal counsel is an important starting point for determining the potential effect of card check. You also may want to consider having a comprehensive communications plan in place to deter or mitigate any potential impact. Such a plan can not only prevent potential problems but also lead to improved employee relations and production.

As a service to our members, the OMA can link you up to its “Connection Partners” to assist you in determining your level of risk and developing programs to address your specific situation.