EmpRel/Union Campaigns

Union Organizing Campaigns This chapter is the first of two chapters that examine how unions organize new bargaining units and how and why employers attempt to avoid being unionized. Chapter 6 covers union organizing campaigns, the election process, and the roles of the National Labor Relations Board (NLRB) and the National Mediation Board (NMB). Chapter 7 covers employers’ overall strategies for avoiding unionization and operating without unions.

Recall from Chapter 2 the long history of employer resistance to union organizing in the United States. In the mid-1930s the Wagner Act strongly facilitated and institutionalized collective bargaining as the preferred method for resolving workplace conflicts where employees chose it.

Recall also from the introductory chapters that employees become union- ized only if a single union receives a majority of votes from employees in the unit. The concept of exclusive representation establishes a “winner- takes-all” outcome in representation elections. This requirement, which contributes to the adversarial relationship that exists between employers and unions, begins with an organizing campaign.

Organizing is highly adversarial and heavily regulated. Most employ- ers actively resist. Union campaigns usually stress unfair treatment by employers, the lack of a forum for effectively voicing complaints, and the necessity of organizing to gain outcomes the employer should grant but won’t without unionization. Organizing campaigns are waged intensively by both sides. The NLRB or NMB acts as a referee in the process. Where recognition disputes occur, the boards provide a forum for their settlement and rule on the permissibility of the parties’ campaign conduct, if ques- tioned. From a regulatory standpoint, this chapter will focus primarily on the NLRB’s role since the preponderance of elections are conducted under its auspices.

Chapter 1 introduced some of the reasons that workers unionize. This chapter examines the flow of organizing campaigns, involvement of the NLRB, strategies and tactics used by employers and unions during elec- tion campaigns, and recent results in NLRB-monitored representation

Chapter 6 Union Organizing Campaigns 153

elections. Chapter 7 focuses in detail on employers’ increasing interest in operating “union-free” and the strategies and tactics they use to avoid unionization.

In studying this chapter, consider the following questions:

1. At what points and in what ways is the NLRB involved in representa- tion elections?

2. What effects have employer campaigns had on union organizing success?

3. What strategies and tactics do employers and unions use during orga- nizing campaigns?

4. How successful are unions in organizing new units? 5. What new strategies are unions now using, and how effective are they?

ORGANIZING AND UNION EFFECTIVENESS

Chapter 1 noted that unions create an opportunity through negotiated contracts for employees to have a voice in addressing workplace problems and effectively create a labor supply monopoly. Monopoly power gener- ally leads to a union wage premium.

The ability to gain a wage premium depends on the proportion of an industry that is organized. This means that unions have a strong interest in organizing workers in industries and labor markets where nonunion competition reduces their monopoly power. However, with increasing globalization, eliminating nonunion competition is impossible.

Unions depend on members’ dues to operate. More members create economies of scale. Thus the level and scope of member services are related to some extent to a union’s size. Organizing new units, accreting expanded facilities, and merging with or absorbing other unions are all mechanisms used to expand membership and enhance union effectiveness. Strategies and tactics that increase the probability of success in organizing and main- taining majority status in existing units should lead to greater chances for effectiveness in bargaining and representation.

HOW ORGANIZING BEGINS

Campaigns to organize unrepresented workers begin at either the local or the national union level. National unions target specific employers or geographic areas and send professional organizers to encourage and assist local employees in unionizing. Sometimes organizers apply for jobs in the targeted firm to gain closer contact with employees. Employers cannot legally refuse to hire applicants based on union membership or concur- rent union employment even if their primary purpose is to organize the