Labor Relations and Union Avoidance - Essay Example

 Labor Relations and Union Avoidance Abstract Union avoidance being a famous term in modern industrial relations, its importance and limitations are discussed in this paper. The important aspect is that the discussion compares the services of three websites regarding union avoidance and their authenticity in offering those services. In addition to that the confessions of Martin Jay Levitt are also discussed by comparing the strategies mentioned in the paper and the limitations of union avoidance have been explored. Union avoidance can be termed as management’s new industrial relations strategy that avoids problems with labor unions. One can observe that after 1950, there is uptrend in management’s unfair labor practices and decline in public support for unions. According to survey of ‘The Conference Board’ in 1977 and 1983, the ability of unions is not enough to counter the union avoidance strategies of the companies. Moreover, the number of new establishments opened increases the capacity of a company to pursue union avoidance strategies. It is found that the increase in percentage of organized workforce in the company and plant-by-plant bargaining structure is in favor of unions. However, when the company is successfully opening new establishments, it will be capable of counter unions with union avoidance strategies. In this context it is important to discuss the consequences of union avoidance. The union avoidance strategies affect the union membership and encourage the growth of non unionized firms. As a result the survey states that the number of unionized firms dropped between 1977 and 1983. As it is easy to increase plant openings than a unionized firm, the companies followed that way to avoid union elections and in the case of unionization, the managements tried to win the elections with their candidates in fray. Moreover differences in collective bargaining outcomes are also a reason for priority given for union avoidance strategies both by managements and employees. The managements are following a strategy to give low wages for unionized employees and employees are trying to get more wages by bargaining individually. In this context it is important to discuss about the tactics of Union Avoidance consultants and comparison or contrast with the views of Martin Jay Levitt in his book ‘Confessions of a Union Buster’ (John Chalykoff, Peter Cappelli, 1986). Union Avoidance Consultants There are many consultant firms regarding union avoidance consultants and one such firm is IRI Management Services Incorporation, which offers its services on website; http://www.lrims.com/union-organizing-consult.html. The first step in the services of the company is regarding winning the union election by the management. The company offers 7 lies that union organizers tell the employees to its clients as part of the strategy to win the union election. In the next step it talks about the ways the company has to follow no matter who wins the election. Hence, the firm offers union avoidance services in two ways; one for winning the election and the other to manage the winners. One can term that the latter is good for employees and the former is good for management. This is because, in the latter one if the employee oriented union wins the elections, the management treats the employees well and they can feel secure. However, in the case of first one, if the management’s candidate wins the elections, the people who support unionization may get less perks than those who oppose it. Another firm that offers union avoidance consultancy is ‘IRC Industrial Relations Consultants Inc., available at http://www.irconsultants.com/services-unionavoidance.html The website states that if an employer has been a target of organized campaign by the unions, it offers creative strategies for union-free environment. As part of creating union free environment, the website states that it identifies the issues that make the employees seek the outside representation. After that the consultants give their strategies to the company in addressing those issues, which result in avoiding the employees to seek outside intervention in the form of unions. As part of the counter union organizing campaigns the company offers to address issues that result in union organization drive according to the law. In the course of their campaign the company assures that the strategies develop good employer-employee relationships that ensure union-free environment at present and in future. If the company approaches the consultants at the time of strike and not before it, the consultants offer to work with labor counsel so that the client can escape expensive legal issues that arise when employees resort to strike. The third company that offers union avoidance consultancy is Labor Relations Institute and is available on http://lrionline.com/ The company offers fundamentally three types of services as mentioned on its website. The first type is to avoiding the union in the employees. The second type of service is to create a positive workplace that does not bring the context of union to the minds of employees. The third type is managing unionized organization. In the above three services offered by the company, one can treat the second one as the best way to have a good environment in the company and good industrial relations as well as employer-employee relations. Union Avoidance Consultants and their compliance to Law Before thinking to the compliance of law, the company should concentrate on desires and sentiments of employees to avoid unions in the firm. As long as the relations between employer and employees remain strong, the problems that make employees receptive to union organizing do not arise. Hence, in order to avoid union organizing in the company, it is necessary for management to take critical look at employment conditions and improve them according to necessity. As part of the strategies to avoid unions, the companies should not make employees feel ignored and they should have minimum knowledge about organization’s health, goals and achievements. The management should take care that the wages and other benefits are competitive with industry standards. After the above precautions to satisfy employees, the company can resort to union avoidance policies in the purview of law. Normally union organizers follow the tactic of citing instances in which the employment policies of company are against the law. Hence, it is necessary to follow the rules and regulations regarding personnel in the company. One such aspect is that, it is necessary for employers to convey their intention of union free environment. Then there will be a chance according to law and labor relations that enables the management to negotiate with employees about union free environment within the purview of law. Comparisons of Union Avoidance Strategies With Confessions of Martin Jay Levitt According to Martin Jay Levitt (1993), “When CEO’s hire labor relation consultants to battle a labor union; they close their eyes and give the consultant run of the company”. Hence, it is important to note that the consultants do not resort to arm twisting tactics with employees to avoid unions. Such tactics may not be in compliant with law or they may reinforce the employees’ attitude organizing in future. Another confession of Levitt regarding union busting is that the workers and union leaders are forced to defend themselves in meetings rather than thinking about their own interests and discussing them. This results in long term dissent in the company as the workers feel that they are cornered. Hence, it is important to follow the union avoidance strategies with the consent of employees rather than forcing them on back foot. For example, Martin Jay Levitt (1993) reveals another operation he conducted in 1980 in which he assigned confederates to scratch up cars and then blamed it on the union. As a result he is able to portray union as a threat to nursing home residents. As a result he created a prolonged climate of fear that destroyed the credibility of union. However, the tactics mentioned by the confessions of Levitt does not comply with law nor do not find match with the policies mentioned in this paper (Martin Jay Levitt, 1993). Conclusion As per the discussion involved in this paper, the union avoidance strategies of the company need to be according to satisfaction of employees. That is, the consultants need to show that the management is friendly towards the employees and it is important to have a positive workplace rather than a union of employees. Moreover, it is important that the union avoidance policies should comply with law being cordial with employees as well. Hence, it is important to create a positive work place and union avoidance strategies should only be a first step in that process, but not be a last resort to exploit workers. References John Chalykoff, Peter Cappelli, 1986, ‘Union Avoidance’: Management’s new Industrial Relations Strategy-Conference Paper, International Relations Research Association, Bnet, Retrieved on 2nd August from http://findarticles.com/p/articles/mi_m1153/is_v109/ai_4189213/ Martin Jay Levitt, 1993, Confessions of a Union Buster, British Columbia: Crown Publications. Uslaw.com, 1998, Employee Law Suits: How to Stay Union-Free: Attentiveness to Employee Needs is the Key, Journal of Uslaw.com, Retrieved on 3rd August 2009 from http://www.uslaw.com/library/article/carelxUnionFree.html?area_id=43 Read More