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During a union busting operation, sometimes a highly paid Labor Relations consultant, or a "union buster" as they are informally called, is brought in during a union organizing drive to try and convince workers not to join the union. UNION BUSTING TACTICS The following tactics are sometimes used: Supervisors and managers can deliver letters, speeches, and informal chats, sometimes prepared by a union-buster. Employees may be asked to attend one-on-one discussions, group meetings, or lectures about the union, during which they will be paid. Employers must be careful not to intimidate their employees, because employees can appeal to the NLRB , usually resulting in an election being rerun, and in some cases resulting in the employer being automatically required to recognize the union as the bargaining unit representing employees. At these meetings, employers discuss the negative aspects of a union and try to convince employees not to join. In some cases, supervisors and managers will walk the floors more frequently and arrange impromptu chats and meetings to find out what their workers are up to. However, this can also be interpreted as intimidation and can get the employer in trouble. The union-busters may prepare many letters to be signed by administrators, employees, and well-liked supervisors and managers. They may express appreciation for what the employees have done for the company, admit having made mistakes in the past and express an intention to do a better job in the future. They may also paint an ugly picture of the union or suggest that the union is hiding something. Lying to employees however, is strictly forbidden. To convince employees that they don't need a union to obtain improvements, a company may provide unexpected increases in wages or benefits, although they cannot condition said benefits or wages on union participation or threaten wage cuts. In extreme cases the union-buster may direct management to play one group of employees against another to generate disunity (e.g. "disloyal" union supporters versus "loyal" union opponents, one department against another, etc.). This would likely result in harsh penalties for the company. United States Labor law presents very strict guidelines for both employer and union actions in union organizing. Unions and employers can attempt to present their factual case against or for the union, but employers cannot threaten employees or even make them feel intimidated. The union buster's key strategy, when confronted with an election, is to organise a Counter-Organizing drive. COUNTER ORGANIZING DRIVES The "counter organizing drive" is the employer's attempt to convince employees attempting to organize to vote against the union. Management and supervisors can attempt to convince workers that the they are insulting their leadership skills in pushing for union representation. The labor relations expert will often do extensive research into the background of the organizing union and the organizers' background in an attempt to find discrediting evidence against them. In very extreme cases, labor relations experts hired by the employer may spread incorrect rumors about union supporters and organizers. Martin Levitt, in his book "Confessions of a union buster" is quoted as saying, "To fell the sturdiest union supporters...I frequently launched rumours that the targeted worker was gay or was cheating on his wife. It was a very effective technique, particularly in blue-collar towns." Occasionally, a misguided employer may even attempt to fire employees for their union sympathies. These terminations of employment are illegal under the National Labor Relations Act . Section 8(a)(3) clearly outlaws discharging employees because they urged other employees to join a union. If an employer attempted such actions today, they would almost certainly be forced to recognize the union as sole representative of the workers, without an election, as a penalty for their actions. SEE ALSO EXTERNAL LINKS |
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