| Union free elections are lost for many reasons. As we | | | | important rules that used to result in firing. But any |
| discussed in Part 3, one reason companies lose | | | | firing decision should be difficult during a campaign. |
| elections is because they break the Labor Board rules. | | | | Firing employees almost never improves the chances |
| That's why our number one rule for consultants and | | | | of winning the election - it usually costs the company |
| clients is don't cheat. We have never committed an | | | | votes. This is why we do everything possible to avoid |
| unfair labor practice in thousands of elections because | | | | it during an organizing campaign. |
| we follow these rules. | | | | Promise of Benefit: Companies sometimes want to |
| Here are some bonus tips on how to avoid these | | | | promise a benefit in exchange for their vote. This is |
| problems (by the way, the easy way to remember | | | | unlawful. It is considered an illegal bribe. |
| the rules is to remember the word TIPS). These | | | | A lot of companies feel like that this rule is not fair. |
| slip-ups often lead to unfair labor practices and | | | | Once most companies uncover problems they want |
| overturn elections. | | | | to fix them. It's human nature. But the Board does not |
| Threats: A common error is threatening employees. | | | | want companies to influence the vote outcome by |
| Any threat that a bad thing will happen if an employee | | | | giving benefits just prior to the vote. In the end I think |
| votes for the union is unlawful. It's also a bad campaign | | | | that the Board's rule is fair, even though it is frustrating. |
| strategy. A manager who threatens an employee is | | | | There is a silver lining to this frustration. While it does tie |
| making a terrible assumption. He assumes that the | | | | the employer's hands, it also forces the employer to |
| threatened employee will do what he wants. This | | | | focus on something that's even more important. |
| often backfires. | | | | Instead of working on a to-do list of complaints, the |
| Threats often make employees feel like they have no | | | | company focuses on its communication and restoring |
| other choice but to seek out the protection of a third | | | | its relationship with employees. |
| party from a "bully" boss. That is the wrong approach. | | | | Spying or Surveillance: Companies can also break the |
| After all, you are asking employees to trust you with | | | | rules by trying to figure out who supports the union |
| their future. They need to choose you. If you act like a | | | | spying on union meetings or watching pro-union |
| bully they'll look for protection. In this case a union. | | | | employees. Again, this is both illegal and faulty strategy. |
| Firing: Unions claim that consultants always fire the | | | | The problem with spying is that it is focused in the |
| union supporters. It's not true. Our advice is to do | | | | complete wrong direction. You should not worry much |
| everything you can to avoid firing an employee during | | | | about what the other side is saying or doing. Union |
| a union election. | | | | organizers are trained to mislead the company |
| The Labor Board looks very carefully at firings during | | | | whenever possible, so even if you could get "inside" |
| an election. The union will charge that the firing is illegal, | | | | information it may be designed to divert your focus. It |
| no matter the facts or whether the employee ever | | | | also puts you in a position where you are always |
| supported the union. The union will tell workers that the | | | | reacting. It puts the union in control of the message. |
| firing is proof they need protection. The fired employee | | | | Instead of worrying about what the union is doing you |
| will be a "poster child" for the union, even if they know | | | | should focus on your own message. This forces the |
| that the company had a good reason for its decision. | | | | union to respond to you and it lets you control the |
| Just like threats, firing employees doesn't help win an | | | | campaign more effectively. Again, the easiest way to |
| election. Here's why. Even if you fire strong union | | | | avoid that whole problem is simply to not worry about |
| supporters, you only improve your vote count by a | | | | what the union is doing and to focus instead on your |
| vote or two. But elections are won or lost with the | | | | own message. |
| undecided voters. Those voters will look carefully at | | | | If you follow these common-sense TIPS rules your |
| the firing and decide whether they need the protection | | | | company will avoid needless unfair labor practices. |
| of a union. So every firing, no matter how deserved, | | | | More important, your campaign strategy will be |
| can cost you crucial undecided voters. | | | | focused the right way, on re-building your connection to |
| You must continue to run your business during a union | | | | employees. That in the end is the key to winning an |
| campaign. You can't just let employees start breaking | | | | election. |