I have been closely following the Occupy Movement’s relationship with labor unions since the Occupy Oakland General Strike took place on November 2nd. In response to conversations with clients and discussions in Unionized I have decided to create a blog series around the Occupy Movement/Labor Union relationship, so stay tuned!

To kick things off, let’s start with some videos I found today:

This afternoon I came across an article on BigGovernment.com titled “Unions: Future of the Occupy Movement?“. The article written by Accuracy in Media provided two videos that I thought our readers will find very interesting.  The first video is of Benjamin Johnson from Accuracy In Media driving to “Our DC” and interviewing the protesters to find out why they are there, what union members are part of the Occupy DC movement and who paid for the signs, hats, t-shirts, etc. The second video is of Ben at a the Nurses Occupy Wall Street rally:

I hope that this series — Occupy Movement & Labor Unions — will be a great resource for you.  Have you been following this topic at all? What are your thoughts? I invite you to share your opinion and experiences in the comments below.  Don’t forget to add our blog to your RSS feed and/or to your favorites list!

Our Linkedin Poll “Do You Think the UAW will Strike Ford?” has officially ended, however, a new collective bargaining agreement has not been ratified as yet. Ford and the UAW have reached a tentative agreement but the membership must vote it in. If the contract is turned down, there is still a possibility that the UAW could strike Ford Motor Company.  To see what union members are saying about this proposed contract, check out the the UAW Ford Department’s Facebook Page. The fan page was updated with a brief summary of the proposed contract earlier this week because their website, uaw.org, had been down due to heavy traffic volume. A couple quotes from the update on Tuesday:

“Bottom line is we are lucky to be working in this economy, and no matter what we do it’s not going to change Mullaly and mr. Fords bonuses they give themselves, because we don’t own the company. If we strike at this point we are just hurting ourselves. When the economy is weak the union is weak. When the economy is strong the union is strong.”

“Before taxes VOTE NO. After taxes VOTE NO. No cola, pay raise, the res of the concession’s not restored as promised in February of 2009 VOTE NO. You don’t like what I post kiss my ass and VOTE NO. The UAW is supposed to be for the hourly workforce not salaried employee’s VOTE NO. I guess what I am trying to say is simply this….THIS CONTRACT SUCKS SO EVERYONE PLEASE VOTE NO.”

The results of our Linkedin Poll are as follows: YES 30% NO 70%

Not surprisingly, 70% of you believe that the UAW will not strike Ford Motor Company. If you have been following my tweets @MADICORP, you may have noticed there are other Linkedin Polls going on regarding this same subject. One in particular was created by Russell Shostak, Linkedin Group Owner of Automotive Management Professionals. Michael’s Poll (still open for voting and comments) may be of interest to you. “How will a UAW Strike against Ford effect the automotive industry?”

Some of the comments on these Linkedin Poll’s circulating throughout different Linkedin groups are interesting, so I thought I would share some with you:

“Of coarse they will. The unions job is to have the interests of its members in mind and always work towards getting them more. The more its workers receive the more the union receives. The UAW has shown time and time again that they do not look at the effects their negotiations have on the rest of the country or even the Automotive industry.”

“I certainly hope not! It would put Ford at a hiring standstill and that would not be good for the Michigan economy. There would be a lot more jobs on the line then just the unions and it upsets me that the UAW is selfish in that way. Look at all of the “concessions” they have received in comparison the large quantity of the non-union workforce that the OEM’s employ. Buy some stock at these dirt cheap prices, let the company make a profit for once and be profitable for a few years, you will receive your reward!”

“Yes I think a strike will happen, I hope I am wrong……The unions are becoming less and less significant today and they need to make a splash…a strike will make that splash. Besides Ford walked away from the stimulous program and that did not make some people happy…..”

“If the UAW was “smart” they would not even think about a strike. Ford has done a great job to stay in the game but they “hocked” everything to stay out of court. My experience says the UAW is not smart enough to positively support the company going forward. They have historically been too focused on short term gains and non-productive work rules.”

“Unions are a gigantic waste of money and have long outlived their usefulness. If the Ford employees were smart they would realize that their dues aren’t actually getting them anything of substance. Its too bad that Ford can’t just get rid of the union.”

“I believe that this will happen. And the outcome? The general population will be hurt again.”

As always, I welcome the conversation to continue here on our Blog – so please feel to leave a comment if you didn’t vote in our original Poll!

It’s Poll time again! According to an article from Reuters titled UAW Ford Workers Ready to OK Routine Strike Vote:

“United Auto Workers at five of Ford’s biggest plants have overwhelmingly voted this week to authorize a strike. The lowest rate of affirmative votes at the five plants was 97 percent… Ford is the only Detroit automaker vulnerable to a strike. Chrysler and GM workers gave up the right to strike in this round of talks as part of the 2009 U.S. government bailouts of the two companies”

The current Collective Bargaining Agreement is set to expire on September 14, 2011, so we are just one week away! Please take a moment to vote in our Linkedin Polland feel free to weigh in on the subject and leave a comment. I will be posting this Linkedin Poll in the following Linkedin Groups:

• Unionized
• LaborUnionReport
• Automotive Management Professionals
• Linked CXO
• Auto OEM Network

As a long standing provider of Labor Dispute Management Services, our team at MADI is always combing media and the web looking for issues and trends regarding Labor Disputes, Human Resources, Labor Laws and Regulations and the like.

Over the past weekend, LaborUnionReport.com‘s Peter List tweeted about this article in the Star Tribune (Minneapolis) that caught our eye:

http://www.startribune.com/business/126860723.html

As you may be aware there is a labor dispute taking place at American Crystal Sugar’s Minnesota, North Dakota and Iowa plant locations and Strom Engineering (a competitor) is supplying services during the work stoppage.

It might seem a bit unusual but in defense of Strom there appear to be a number of what to us are erroneous assertions were made in the article that deserve mention, since Strom’s CEO John Radick did not counter.

First is this quote in the article by Mark Froemke, president of the AFL-CIO’s West Area Labor Council. “To us, Strom is basically an outfit that hires mercenaries to basically go in and destroy communities.”

Makes a great sound bite, but nothing could be further than the truth about the prominent companies in our industry.

When a business finds itself in a position where it cannot remain competitive, jobs are often lost. That is the problem. The reality is that with all that is going in the global and US economies right now, many companies can no longer, unfortunately, sustain the costs negotiated in previous collective bargaining agreements.

I think no one would blame unions for not wanting to give up gains won over the years, but are they sustainable? This is the reason why service providers like MADI and Strom have and continue to exist. It is too simplistic to suggest that we are hired guns that destroy communities. In fact, MADI helps to level the playing field and restores balance during the collective bargaining process that in the end protects jobs and protects communities.

A couple of other comments in the article also note attention.

In a quote attributed to Robert Michael Smith, Professor of History at Sinclair College in Ohio, “…many firms have adopted high tech ways to intimidate unions, such as videotaping their activities.”

Labor disputes can be hostile, by definition. Can there be any doubt that unions are adept at using technology as well? Is it fair that with so much riding on success unions would want to exploit any and all means they can to further their bargaining positions? We know first hand that they do, often with no thought of safety and the rules of law.

MADI’s clients, most of which are very well known publicly traded and privately held companies, do not lightly place their reputations and brands at risk. They also understand Local, State and Federal regulations require the highest standards of corporate conduct and compliance during the Collective Bargaining Agreement process; with stiff penalties for any infraction.

Ironically it can be argued it is the unions who most often push the envelope and challenge these laws and regulations. MADI’s presence and robust documentation practices alone often help to neutralize danger, enforce safety and keep the focus on the business at hand, which is to negotiate a contract. Is this intimidating? We offer this up for you to be the judge.

As far as Strom’s alleged business practices noted in the article, such as hiring ex-convicts, sending out improperly skilled or trained replacement workers, invoking a 12-hour “no bathroom” policy and “driver panic” on the picket line… we are not in a position to comment directly.

However these comments appear to us to foster a misleading perception regarding Professional Labor Dispute Management Services as being akin to “strike busting” and hooliganism that we at MADI certainly do not, have not, and will not tolerate.

We would also argue this assertion also does a disservice to the companies, and associated entities that we serve.

What do you think?

Take our poll and let us know how you think this will play out!

The Members of the National Labor Relations Board

Background:

On April 20, Acting General Counsel of the National Labor Relations Board, Lafe Solomon, filed a complaint against Boeing.
The complaint alleges that Boeing’s decision in 2009 to locate a 787 Dreamliner assembly line in North Charleston, S.C., represented illegal retaliation against members of the International Association of Machinists & Aerospace Workers. In essence, the complaint is an attempt to punish Boeing for opening a manufacturing facility in South Carolina — a right to work state — and requiring Boeing to keep production work in its Washington facilities.

In a speech Friday morning, Utah Senator Orrin Hatch blasted the NLRB complaint:

“The most important factor is that the work in South Carolina was new work, which Boeing was not obligated to perform in the State of Washington under its collective bargaining agreement.  Boeing simply decided, for sound business reasons to open a new facility to perform new work in a business-friendly state. This is something businesses do all the time.

Not a single job — union or non-union — was lost in the State of Washington as a result of Boeing’s decision.  In fact, over 2,000 new jobs have been created in Puget Sound since the company’s announcement to begin new work at the new facility.  This is not to mention South Carolina, where hundreds of new jobs were created.  Added jobs in Washington plus added jobs in South Carolina sounds like a win-win for American workers to me.

So, yes, Boeing’s decision to build its new plant in South Carolina was good for just about everybody.  Yet, without asserting any evidence of anti-union animus on the part of Boeing or of an adverse impact on union workers exercising their legal rights, the NLRB filed its complaint and has sought to step in and make Boeing’s business decisions for them.

Boeing had no legal obligation to locate any and all new work in Puget Sound.  It was not obligated under any collective bargaining agreement to keep the work there.  It simply chose to locate new work and new expansion in a business-friendly, Right-to-Work state.”

Please take a moment to vote in our poll and leave us a comment here about your thoughts on all of this. President Obama is being asked to withdraw the nomination of Solomon – do you think he should? If the NLRB prevails, how will this impact your business? How will this impact American business as a whole?

This poll has also been posted in the following Linkedin Groups:

• Unionized
• Linked:HR – Labor Relations
• LaborUnionReport.com
• Labor Consultants of America
• Employment Law Professionals
• Charles Krugels Labor & Employement Law & Human Resources Practices Group
• Labor and Employee Relations
• Human Resources Professionals: THE “unofficial” forum for SHRM members
• Executive Suite

If you’re interested in joining one of these groups, just do a Linkedin group search by name and click “Join Group”

Flickr Image Credit: John Maugeri

By: Michele Vincent

Unions are unifying around the WI battle and coordinating rallies across the country for April 4 – the anniversary of Martin Luther King’s assassination. The goal is to frame collective bargaining as a civil rights issue and to ride the momentum of pro-union demonstrations. The “We Are One” website is encouraging unions, people of faith, civil and human rights activists, students and other progressive allies to host a range of community and workplace-focused actions such as:

• Encourage students and faculty of a local college to hold a teach-in about workers’ rights
• Arrange for everyone to meet outside before the start of shifts and march in together wearing union T-Shirts, stickers or other solidarity gear
• Organize a day of worksite leafleting
• Put up posters on break room bulletin boards
• Distribute hardhat/lapel stickers to wear
• Tie the April 4th message to an ongoing organizing campaign
• Activate phone, email, and social media networks to involve members and allies in your event (check out the We Are One Facebook Page here)

The question then is, if this pro-union momentum continues, how will it impact private sector collective bargaining and what can and should you do to protect your businesses’ interests moving forward? All companies, unionized or not, should be paying close attention to these events as they unfold – especially companies that will be negotiating collective bargaining agreements this year.

If you are getting ready to head to the negotiating table, we recommend that you review these four tips to strengthen your company’s position at the bargaining table:

1.) Conduct Site Assessments and prepare Business Continuity Plans (BCP) in Advance.
If you do not have a strike contingency plan in place already, get started immediately. If you do have one, make sure to review it well before you begin negotiations so that you can make any necessary updates and have accurate copies available prior to your first negotiating session.

2.) Review your security plan.
Labor Disputes are unique events and highly regulated with potentially severe penalties for violations. MADI highly recommends you consider augmenting your existing security services with personnel that are well versed and trained in the National Labor Relations Act (NLRA.) Remaining calm and professional in high stress environments such as a labor dispute is critical. Comprehensive NLRA complaint evidence practices produce effective Temporary Restraining Orders.

3.) Be prepared for contentious negotiations
Be prepared for your bargaining unit to feel more empowered than in years past. The battle in WI and other state around the U.S. has caused union leaders to speak out and here is what they are saying:

“Walker lit a fire in Madison that has spread across the country, not just with union member’s but with everyone who depends on someone else to sign their paycheck. Our fight has just begun”

 ~Teamster President, James Hoffa

Flickr Image Credit: John Maugeri

“..the American people are watching and they know what is going on. The covers have been pulled off – and they get it. They see governors and legislators who, on the one hand, want to take away the worker’s chair at the table, but, on the other hand, has plenty of seats at the table for their billionaire corporate backers.”

~AFL-CIO Executive Vice President Arlene Holt Baker

“This is a nation-wide campaign by billionaires and country-club conservatives, to terminate workers’ rights, giving unfettered power to corporations.”

~USW President Leo W. Gerard

“The battles over collective bargaining rights, right-to-work legislation, and other labor issues taking place in Wisconsin and other states have spurred the labor movement its greatest level of international and grassroots activism in decades. Union members instinctively understand that the crop of newly elected governors, backed by big money from some of the most powerful corporations and individuals in the world, are all to negate unions as an effective force for working people.”

~IBEW International President Edwin D. Hill

“Last night in Wisconsin, legislative process trumped democratic principles. Republican Senators voted 18 to 1 to strip public employees of their collective bargaining rights. It is a Pyrrhic victory and one the GOP will regret.”

~IAM President Tom Buffenbarger

4.) Don’t Be Afraid to Take the Measures You Need to Protect Your Business
Your company has a legal right to operate during a strike and may do so with supervisory employees, employees willing to cross the picket line and/or with temporary replacement workers. If a pattern of unlawful strike conduct is properly captured, it may be possible to obtain an injunction or temporary restraining order against the unlawful picketing activity. If circumstances warrant, a suit for damages against the union may also be filed.

It is evident from conversations with our clients that they are more concerned about upcoming negotiations this year that our clients that negotiated contracts the past two years. Time will tell just how big of an impact will be felt by unionized private sector employers. How do you predict the private sector will be impacted?

In the movie “Norma Rae”, the lead character Norma Rae, portrayed by Sallie Field, is struggling to unionize a southern textile plant strife with intolerable working conditions.  The impact of Sallie Field holding the “UNION” sign above her head while working on the noisy manufacturing floor was felt among her coworkers.  This led to the dramatic ending in which the workers joined the textile union and the plant was unionized. What happens after the contract is implemented and a strong, highly organized union workforce develops?

Imagine, if you will, a company with a union workforce, a strong union contract, and very little managerial knowledge of the contract affecting the operation of the company.  Unfortunately, this is all too common a scenario in today’s business world.  With the current steep decline in the economy, large reductions in force have resulted in supervisors doing the work formerly accomplished by two or three others.   More often than not, the push for production during lean times does not allow for in-depth training of the managerial staff.

What does the lack of knowledge of the nuances of the contract have upon the company?  Unfortunately, the results can be financially devastating.  An untrained supervisor, who permits a union employee to perform tasks not covered in the contract, is placing the company at risk for major litigation.  Possible complaints to the National Labor Relations Board, together with costly legal hearings, can result from issues as simple as complaints of favoritism, or allowing non-union personnel to work a designated “union only” job position.  It is possible that an untrained manager might find that he is unable to discipline or terminate a union employee, due to not knowing the procedural steps set forth in the union contract.  Thus, the result is that the manager becomes ineffective and unable to protect the best interests of the company during a time of greatest vulnerability to bankruptcy.  Without a well trained manager to perform as a true leader, a situation develops where you have “the inmates running the asylum”.

How can a company, prevent, rather than solve these issues?  First, a member of the staff must be formally trained in legal matters.  The individual must have a legal background to interpret contracts and ascertain how they affect the company and the workforce.  The grievance and arbitration processes must be compatible with the size of the workforce and the supervisory staff.  The nature of the work must be considered, that is, is it high risk requiring special rules, or routine, where no special safety matters must be considered.  Second, the legal expert must be qualified to teach company supervisors and staff the necessary aspects of the union contract which they have to know to effectively and efficiently manage the workforce under their control. This training must be thorough and easily understood by supervisors and managers of varied background and educational levels.

It has been observed that many unions have established training programs for their committees and shop stewards.  It has also been observed that many corporations have NOT done likewise for their management staff.  Training programs of contract management requirements are essential for the operational success of the company leadership team and ultimately, the success of the company.  A one-shot exposure is not adequate.  There must be a continuing education program.  If possible, a Labor Relations person on the supervisory staff should participate in conducting investigations of alleged contract violations and brief appropriate personnel concerning the resolution of these matters.

There is no doubt that a poor management staff will adversely affect the profitability of a company. The morale of the managers has an impact on the employees in day to day operations and this too, can hurt if relations are strained. A great manager spawns a great workforce and enhances the company bottom line. Training can be a key to company success.

Tomorrow, Jane will be discussing the importance of management training in implementation of collective bargaining agreements in the work place day to day functions. Jane is a member of our LinkedIn group, Unionized, and you can view her LinkedIn profile here.

This proposed notice is similar to the one that must be posted by federal contractors which states that employees have the right to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively etc.. An employer’s knowing failure to post these rules will be treated as an unfair labor practice under the National Labor Relations Act.  This proposed rule is open to public comment. You can find further information here. Comments may be submitted electronically to www.regulations.gov, by mail or hand-delivered to:

Lester A. Heltzer, Executive Secretary
NLRB
1099 14th Street NW
Washington DC 20570

All comments must be received within 60 days of publication in the Federal Register (December 22, 2010).

I think that Jay Sumner, of Littler Mendelson hit the nail on the head in his blog post – stating that this is consistent with the Obama Administration’s overt efforts to promote private-sector unionization. After all, a lot of union money was given to Obama’s election campaign. Remember what Andy Stern, former President of the SEIU said? “We spent a fortune to elect Barack Obama – $60.7 million to be exact – and we’re proud of it.”

• Union leader prosecution
• Embezzled funds
• Misuse of union funds

This report has not been released since Obama took office and the Office of Labor-Management Standards has offered no explanation as to why.  Megyn Kelly of Fox News Discusses: