Are You Talking To Your Employees About The Consequences Of Signing A Union Card?

If you have employees, they have most likely heard of an uptick in union activity recently. However, they probably aren't as educated about the process and pitfalls as you may think. Unions can promise additional benefits to your employees and improvements in working conditions, but like many other situations, there is much more to the story.

Former long-term union organizer and officer Rian Wathen emphasizes that unions are permitted to intentionally mislead workers to convince them to sign union authorization cards. Therefore, he recommends a strong proactive educational approach with your employees before a union talks to them.

Traditionally, a union would sign up a minimum of 30% of a group or unit and then file to hold a secret ballot election with the National Labor Relations Board (NLRB). The outcome of that election is determined by a simple majority of those who cast ballots. Recently, that process was altered by an NLRB decision in the Cemex case. According to Rian, this decision creates more vulnerability for a company when it comes to unionization. This is because the Cemex decision provides the opportunity for a union to represent employees based solely on the signature on an authorization card without an election ever being held. This requires employers to significantly change their approach regarding how they talk to their employees about unions.

Unions can present a binding authorization card to workers as though it were a benign document just to get more information or put them on a mailing list. Unions can also use various peer pressures and misinformation to gather signatures. Regardless of whether the employee completely understood the purpose of the card becomes irrelevant. There is no formal revocation process and even an authorization card signed under dubious circumstances can be used by the union under the Cemex decision to impose a union on your workplace, without a secret ballot vote.

This scenario is why it is imperative to talk to your employees about unions before a union gets to them first. Union organizers are extremely skilled at bending the truth to make it appear that signing up for a union always has a positive outcome. The fact is, even when a union represents employees they can only ask for improvements such as wage increases, they cannot force the company to make changes, despite the promises the union makes. But, a union never reveals that to potential members. Organizers convince your employees that positive change will follow as soon as they sign up. Private sector union membership in the United States has declined from a peak of 35% of the workforce to 6% in 2023. This statistic reveals that not everything the unions are telling your employees is entirely accurate.

Rian Wathen, the founder and CEO of The Labor Educators, a firm that provides positive, proactive informational sessions directly for employees regarding the realities of union organizing, encourages employers to address these topics before a union shows up. Having experienced labor educators present information about unions in a fun and interactive environment while answering employees' questions eliminates most of the curiosity that leads to blindly signing a union authorization card.

For 15 years, Rian Wathen was on staff with the United Food and Commercial Workers Union. Starting as an organizer knocking on workers' doors, he eventually became the third-highest officer in a statewide local. When attempting to organize a workplace, it became clear based on the amount of skepticism shown by the workers, whether or not the employer had an ongoing dialog regarding the consequences of signing a union authorization card.

"From my experience as a union organizer, I know that employees who haven't been taught about their tactics are much more vulnerable to manipulation," says Rian Wathen. "This is why employers have to be willing to broach the subject upfront and in advance before a union is selling them on ideas that will most likely not happen. More educated employees become skeptical and think through their decisions rather than rush them based on their feelings, which is why I refer to the Labor Educators' training as a risk management strategy that protects your people."

Due to his unique understanding of the inner workings of unions, Rian and his staff now regularly provide preventative education services directly to employees as well as training for all levels from front-lin, supervisor to executive leadership on labor-related topics. The Labor Educators take an alternative approach to teaching employees about the consequences of unionization. They do not follow the regularly maligned "union buster" model. Instead, the goal of their interaction is to provide solid facts to employees to aid them in making the best decision. As Rian tells his clients, "We don't threaten, we don't lie, we don't mislead, we share facts and the facts are on our side,"