Recently I gave a presentation to a group of human resource professionals about labor relations. We covered a wide range of information, including the bases for U.S. labor laws, myths about labor relations, and what employers can do to ensure that employees are a high priority in their organizations. Here are six common labor relations myths, and the realities behind them. See how many of them you can dispel before reading my comments!
Myth #1: Labor relations laws apply only to non-unionized workplaces
Reality: With a few exceptions, non-management workers whose organizations are in the private and non-profit sectors and have one or more employees are covered by the National Labor Relations Act (NLRA) and its amendments. Examples of exceptions are workers in the airline and railroad industries (who are covered under the Railway Labor Act), public sector workers (who are covered under different laws), domestic workers, agricultural workers, consultants, and those who work in family-owned businesses. In other words, federal labor laws apply to most workers in the U.S.
Myth #2: There are two interests represented in the labor-management relationship
Reality: There actually are three “players” in the labor-management relationship who have some divergent and some overlapping interests: employees, management, and unions. Although many people believe that the terms “union” and “employees” are synonymous, they are not.
Myth #3: Only Congress can change or amend federal labor laws
Reality: Unlike most other federal laws, labor laws are changed primarily outside of the halls of Congress. The issuance of presidential executive orders is one way to effect changes that apply to federal contractors and subcontractors. However, the most common way for these laws to be changed is through decisions issued by the National Labor Relations Board (NLRB), which is the regulatory agency responsible for administering the NLRA, as amended. The Board’s decisions, which are rendered based on cases that come before them for resolution, have the force of law. Importantly, NLRB decisions do NOT rely on or honor precedents set by decisions of previous Boards. As a result, labor law provisions can and do change. This means that compliance with federal labor laws requires one to keep a close eye on NLRB decisions, as they are subject to change.
Myth #4: The primary reason employees join unions is economic
Reality: Research consistently shows that the #1 reason why employees join unions is dissatisfaction with their immediate supervisors. Employers who make their workers a high priority ensure that their supervisors are well trained and have the support they need to take care of employees.
Myth #5: U.S. unions are too weak to effect meaningful change in the workplace
Reality: Although only 11.9% of workers in the U.S. were unionized in 2010 (per the Bureau of Labor Statistics), the current President, Secretary of Labor, and most Democrat members of Congress are union-friendly (which is not the same as being employee-friendly). Separately and together, people in these positions can use their respective powers to change the ways that management and employees interact in the workplace.
Myth #6: Employers should not discuss unionization unless/until a union organizing campaign begins
Reality: The worst thing employers can do is to hide their heads in the sand about this issue. Many are afraid that if they bring up the subject of unions, employees will start talking about joining a union. I’ve got news for them: employees will talk about unions irrespective of what management does or does not say. Ignoring the issue does not make it go away; what it does is cause employers to give up their important responsibility of educating their employees about their (workers’) rights and about management’s perspective. Importantly, employers that are subjected to employer neutrality clauses are prohibited from saying anything to their workers once a union organizing campaign begins, so if they have said nothing until then, they lose their right to do so going forward. As a result, employees will not be fully informed about the choice they must make.
The bottom line for labor relations can be assessed by answers to two questions:
1. How high a priority are employees in your organization?
2. Do your employees agree with your assessment?
If the answers are not “very high” and “yes,” then you have work to do.
© 2011 Pat Lynch. All rights reserved.