Subject: Labor Relations INK November 2022

November 17, 2022

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What CEOs Should Be Doing Now

Labor Relations Insight by Phil Wilson

 

I’ve been doing this labor relations thing for 30 years, so it’s rare to get a question I haven’t heard or thought about before. But this week it happened.

 

I was on a call with the CHRO of a client. He’d been asked to present to the CEO and the executive team. In addition to the normal “update us on [insert crisis of the moment here]” agenda item, there was a new one: What should the CEO personally be doing now to boost the employee relations environment and make sure teammates don’t feel the need to pay outsiders to represent them.

 

I’ve been asked hundreds of times over the years about whether and how the CEO should be involved in an active organizing campaign. And I’ve been asked at least as many times from CEOs how to best improve an employee relations environment. But I don’t remember anyone asking me what the CEO should personally be doing to advance the employee relations environment and culture.

 

The question was probably triggered by the recent charges filed against CEOs like Howard Shultz at Starbucks and Andy Jassy of Amazon. On October 26 the Seattle Region of the NLRB issued a complaint against Jassy for comments he made on the CNBC show Squawk Box in April. Until the NLRB gets spanked for its total disregard for the constitution–not to mention its own statute–both of which clearly protect employer speech in this area, you can rest assured we’ll see more of these attempts to muzzle CEOs. It’s easy to understand why CEOs might be a little worried about what to say and do around the question of unions in this environment. 

 

I’ve never been a fan of having a CEO swoop in and talk to workers they haven’t met before to “save the day” during an organizing campaign. It usually doesn’t work. And if there’s nobody closer to the situation who can make the case for a direct relationship to management, that explains why you have an organizing campaign in the first place. Finally, it’s not scalable. It is great for the CEO to visit locations from time to time and talk to teammates whenever they can. The best companies do this. But if you really want to move the culture needle, here are the suggestions I have for what CEOs can personally do.

 

1.     Pay attention to culture when there’s not a crisis: It is human nature for CEOs (and all humans) to focus on what’s going wrong. And a lot of times that means not paying attention to the important/not urgent stuff until it’s too late. Unfortunately, a lot of CEOs don’t pay a lot of attention to employee relations and culture unless there is a crisis, like a union organizing campaign.

Instead, culture should be a top priority and regular agenda item for the CEO. Here at LRI, we spend a lot of time discussing and celebrating our culture. Every meeting we have an agenda item for core value “shout outs” (not yelling at each other  but noticing when someone does something that represents our core values). Each quarter every team member does a check-in where we discuss what’s working and what’s not working around our core values. It’s one of the first things we talk about with a new client or consulting partner. We don’t add a new team member until they’ve presented to the whole team how they personally relate to each of our core values. 

We’re not perfect, and we have culture issues like every company. But the team will pay attention to what the leader pays attention to. If the CEO spends most of their time looking at the numbers and little attention to the culture, that tells the team everything they need to know.

 

2.     Provide resources for employees and employee relations: Attention to culture is important, but so are resources. We are heading into a recession, and it isn’t uncommon for companies to cut in areas like training, human resources, and employee relations when resources get scarce. Our labor market is so hot that hopefully this recession won’t impact working people like most recessions do. But companies need to learn from the great resignation that they must continue to devote resources to attract and retain the best talent, or the best talent will leave.

This is an area where CEOs will have to make hard choices. And how those choices are made and executed will say a lot about the culture. Resisting cuts and devoting resources to employees and to employee relations during the hard times will pay big dividends when things eventually turn around. In cases where layoffs are inevitable, there is a right and wrong way to do that. Again, everyone is watching.

In cases where there are issues, make sure the team is resourced to be successful. Investing in things like response teams who can go to problem areas and providing multiple channels for employees to express frustrations when they’re molehills versus mountains, are important things to resource during times like these. Many companies have implemented shared service models around human resources (which are rarely done well even in the best of times). Any move to economize around handling employee relations issues in times like these is a terrible idea. The CEO should personally fight for these resources when the easy answer is to cut.

 

3.     Look for problems early: This dovetails with providing resources, but another thing the CEO can do is to probe the executive team and the rest of the organization about what we aren’t seeing or what we’re overlooking. Constantly be on the lookout for places where culture might be slipping. Don’t take things like survey results or business results at face value. This is an area where doing some walking around can really pay off. When you do get a chance to visit locations and talk to teammates, sincerely thank them and ask them direct questions about how we’re doing and what we can do better. Ask them about how new initiatives are really feeling. I really like the “What’s working and what’s not working?” framework. 

This should be happening at every level of the organization. When someone–especially someone higher up in the organization–says something in employee relations is working or going great ask for the evidence. Ask them how confident they are in their appraisal. Challenge them to explain if their appraisal is wrong, how could that have happened (when we do our Tabletop exercises, we do a pre-mortem where we ask this).

 

4.     Don’t be shy about the “U word”: Finally, the CEO should not be shy about explaining plainly and clearly why they prefer a direct relationship with employees. A CEO committed to building a great culture should also explain the negative impact unions have on a company culture. Unions are culture killers (the most recent Gallup research showed this once again) with a vested interest in creating conflict between employees and the company. And Jassy was exactly right–unions are slow and bureaucratic, and I would add that they consistently fail to deliver on their promises. Non-represented workers received bigger pay and benefit increases over the last few years than employees represented by unions. Unionized employers are much less reluctant to lay off workers (almost every labor agreement includes a layoff procedure). Unions are just a bad deal for the vast majority of workers.

The NLRB General Counsel is doing all she can to muzzle employers, but she does not get the final say. She may get the NLRB to go along with her (outrageous) theories about employer speech. But when federal courts get their say it will be clear that employers have a right to make their opinions known about unions.

 

Those are my tips. I’m curious what other suggestions you have?

 

Finally, I want to say thanks to you. I am very thankful for your reading of our newsletter and your continued support of our core purpose, which is to help our clients create extraordinary workplaces. Thank you.

Does Management - Surveillance?

by Greg Kittinger

In 2020, the NLRB revised the rules around blocking charges holding up decertification votes, allowing for the election to proceed and then holding the ballots until after the unfair labor charges were handled. The Biden board proposed a new rule reversing this change, and once again allowing unions to file spurious charges to delay elections it suspects it will lose.

 

NLRB Counsel Jennifer Abruzzo has issued yet another memo, this one intended to upend particular management practices driven by automation. Under scrutiny are such technologies as wearable devices, cameras, radio-frequency identification badges, GPS tracking devices, keylogging and screenshot software, webcam photos, and audio recordings. Quoting Abruzzo from the NLRB website, 


            “It concerns me that employers could use these technologies to interfere with the exercise of Section 7 rights under the National Labor Relations Act by significantly impairing or negating employees’ ability to engage in protected activity—and to keep that activity confidential from their employer,” Abruzzo said. “Thus, I plan to urge the Board, to the greatest extent possible, to apply the Act to protect employees from intrusive or abusive electronic monitoring and automated management practices that would have a tendency to interfere with Section 7 rights.”

 

Pro-union pundits have decried many new automated management technologies as new “surveillance methods” designed to prevent union organizing

 

Following the Abruzzo playbook, she has characterized this effort as an interagency approach along with the Federal Trade Commission and the Department of Justice.

 

With the NLRB’s changed pandemic test, in-person voting is again becoming the norm for union representation elections. The prior standards have been replaced with the community transmission element for the Centers for Disease Control and Prevention’s Community Level system, which uses Covid hospitalization rates rather than case counts or test positivity rates to assess hazard levels at the county level. Under that new factor, the CDC level needs to be “high” to trigger a mail-in election.

 

A Missouri Teamsters local saw a 2020 election win tossed out when a Federal judge ruled that the union failed to ensure the participant’s votes were kept secret.

 

Connecticut, the second state to attempt to prevent “captive audience” meetings, now faces a suit to overturn its new law. Party to the effort are the U.S Chamber of Commerce, the National Federation of Independent Business, National Retail Federation, Associated Builders and Contractors and several Connecticut-based business groups.

 

As we’ve mentioned often, even though the workload at the NLRB is nowhere near any kind of “historic high,” the board is claiming itself in dire straights and continues to seek more funding. Because the $45 million raise the board is seeking is miniscule compared to other items in the budget negotiations, pro-union advocates see the lame duck session as the best chance to secure a bump.

Voters Took On Union Membership With Warring Results

by Kimberly Ricci

In Illinois, 59% of voters passed a first-of-its-kind amendment that enshrines a constitutional right for workers to organize. Not surprisingly, this bill was backed by the AFL-CIO and multiple unions, along with the Chicago Federation of Labor, all of which poured millions into passing this legislation.

 

Whereas in Tennessee, 69% of voters approved an amendment that solidifies the state’s existing “right-to-work” law, which protects workers’ right to choose whether or not to join a union without fear of being denied employment or being terminated. In doing so, Tennessee becomes one of ten states to constitutionally protect such a law.

Score Board

Who are the winners (and losers) of the labor movement? Don't guess, just check the LRI Scoreboard

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A Cornucopia Of Union Corruption

by Kimberly Ricci

As we look forward to a Thanksgiving spread of meats and delicious desserts, another buffet of bad behavior is also on the table:

  • SEIU staffers waged a two-week strike against the SEIU outside of three local offices in California. The workers allege a bevy of unfair labor practices including intimidation, assault, refusal to bargain, and misclassification of staff. In addition, the workers allege inadequate health insurance and other benefits.

  • A security guard accused the SEIU of seizing money from his paycheck after he objected to union membership on the grounds of religion. National Right to Work Foundation staff attorneys are defending the guard’s position through Title VII of the Civil Rights Act of 1964, which they say protects workers from religious discrimination, including forced union payments in the workplace.

  • The so-called “Velvet Hammer,” ex-Illinois House Speaker Michael Madigan, received over $10 million in campaign funds from labor unions over two decades. This month, he pleaded not guilty to nearly two dozen charges of bribery and assorted methods of corruption. Federal prosecutors laid out the case that Madigan, along with co-defendant Michael McClain, siphoned $2.85 million while running a criminal enterprise and granting legislative input to corporations.

  • The UAW has been hit with federal charges after a Ford Louisville Assembly Plant employee, Shiphrah Green, claimed that the union unlawfully seized dues from her paycheck despite her resignation from the labor organization. Attorneys point toward Kentucky’s status as a Right to Work state to make their case.

  • An ex-police union president has been convicted of fraud and racketeering after federal prosecutors uncovered evidence that Dana Pullman accepted kickbacks and retainer payments in Massachusetts. Pullman also embezzled union funds for luxury travel and restaurants. He could face 20 years in prison. 

California's Fast Food Workers Go On Strike
by Kimberly Ricci

The Fast Food Accountability and Standards (FAST) Recovery Act continues to create turmoil across industries while restaurants will soon face a $22 minimum wage. Governor Gavin Newsom signed the bill into law, and effects could begin as soon as January 1, 2023, depending on how soon the newly installed council takes action.

 

The SEIU, of course, wants this all to happen very fast. Yet several industry leaders, including Starbucks and McDonald’s, are pushing for a referendum to overturn FAST. The leaders argue that FAST hands unprecedented power to a Fast Food Council, which could bypass existing mechanisms to negotiate on behalf of workers like a union.

 

The ongoing battle led Sacramento fast food workers to go on strike this week to protest the circulation of petitions meant to push that referendum in the state attorney general’s direction. However, FAST opponents maintain that a massive minimum wage hike will cause irreparable financial strife to franchises and lead to job losses.

The Next Leg Of The Starbucks Fight

by Kimberly Ricci

The Starbucks saga slowed from a boil to a simmer, but further news shows no sign of ending. At this point, the 250+ unionized cafes will now find out how difficult it is to nail down union contracts. The slow-going process undoubtedly frustrates workers, who may not have realized that voting in a union is only the beginning of the fight.

  • One fired organizer in Augusta, Georgia recently reflected upon how he observed negotiations grinding to a halt, which disappointed him despite his happiness to see the reinstatement of the so-called “Memphis Seven” of fired workers.

  • The coffeehouse giant has been accused of dragging its feet in negotiations with Starbucks Workers United. A Seattle location with 100+ workers asked the NLRB to determine that Starbucks is acting in bad faith. Following that declaration, the company now plans to appeal in federal court.

  • In New York City, Starbucks workers entered their third week of striking at a 9th Avenue location while alleging unsanitary conditions at the coffeehouse. Workers at another NYC Starbucks, the Grand Avenue location, filed for a union election.

  • In addition, the SEIU president made a public declaration against what the union alleges is Starbucks’ lack of intent to negotiate with Workers United.

Retail Roadblocks And Dinner Theater Jousting
by Kimberly Ricci

The media’s haste to declare the "next Starbucks" hasn’t yielded any true contenders for the title so far. Plenty of brags and stumbles have led to initial victories at Trader Joes, Apple, Chipotle, and Amazon with follow-up efforts proving to be more difficult than organizers would initially imagine while promising the moon to workers.

 

This month brings several notable updates from retailers, food service, and more:

  • Home Depot retail workers shut down the first unionization attempt at a Philadelphia location. The failed effort followed a recent “rally” that only drew about 20 supporters despite plenty of publicity from a local radio station.

  • Medieval Times workers in California voted to form the dinner-theater company’s first union. In doing so, they allege that performers put their safety at risk while performing stunts as knights and horsemen, and they wish to be compensated accordingly. The workers join the American Guild of Variety Artists, which represents workers at Universal Studios Hollywood and Disneyland.

  • Columbus Museum of Art workers voted to unionize while following the example of staffers at several prominent institutions, including the Art Institute of Chicago; Museum of Fine Arts, Boston; Museum of Contemporary Art, Los Angeles; Philadelphia Museum of Art; and several New York museums.

  • Bueno Beverage workers voted to join the Teamsters in California while claiming that the company fired three union organizers.

  • Little Dog Coffee Shop managers filed an unfair labor action while alleging that they were fired in Maine after supporting the organizing efforts of hourly workers.

  • Chipotle’s permanent shuttering of a Maine restaurant put them in the NLRB’s crosshairs with the board determining that the company violated federal law by closing a location with union activity. The board recommends that the company be required to reopen the restaurant and prepare for bargaining. However, Chipotle insists that they closed the location due to staffing shortages.

 

In decertification news, Oregon’s Tillamook Creamery Association is in the midst of a second effort to oust the Teamsters from representing the dairy co-op's 225 workers.

Another New Kaiser Strike On The Table

by Kimberly Ricci

The ten-week Kaiser Permanente mental health workers strike recently ended in California with no meaningful results. Despite that outcome, 21,000 Kaiser nurses will launch a two-day strike on November 21 at two dozen facilities across the state. Meanwhile, the Kaiser mental health worker strike in Hawaii reached the 70-day mark with more bargaining sessions to come. 

 

Hospital workers in Inglewood, California will likely receive their $25 per hour minimum wage once midterm ballots are tallied. Measure HC currently stands at 53% approval, although in nearby Duarte, the counterpart measure looks destined to fail with voters.

 

In Wichita, Kansas, the city’s largest hospital saw nearly 650 nurses vote to join National Nurses Organizing Committee, part of National Nurses United.

 

More strikes, including healthcare workers in Red Bluff, California, will likely continue to bubble up in this industry. To that end, this roundup of 18 notable healthcare strikes will surely grow before 2022 heads into the sunset.

Tabletop Game Workers Board The CWA Gaming And Tech Train

by Kimberly Ricci

As always, the tech and media realms provide no shortage of variety for union-related tidbits of interest. We’ve been following the Communication Workers of America’s increased efforts to organize tech and gaming workers, and those targets now include board game creators. We’ve also got a publishing strike roundup for you:

  • Noble Knight Games workers, spurred on by the CWA, are organizing under the Noble Knight Games United label. These Wisconsin tabletop-and-digital-game retail workers seek greater pay and benefits. They follow on the heels of Card Kingdom’s retail and restaurant workers organizing with the CWA, a few years after Cards Against Humanity workers joined Workers United.

  • HarperCollins publishing workers, represented by the UAW, went on indefinite strike in New York City. They’re asking for higher pay and increased family leave.

  • Pittsburgh Post-Gazette workers went on strike after their managing company, Block Communications, reportedly axed health insurance. These 100+ workers from various departments are represented by a whopping five unions.

  • Reuters journalists authorized a strike call by CWA’s NewsGuild. The 300 or so workers want higher annual raises plus years of backpay.

The UAW Takes Aggressive Aim At Higher Ed

by Kimberly Ricci

We live in a world where the United Auto Workers, plagued by their corruption scandal and grappling with a rank-and-file presidential candidate, are wreaking havoc at major universities. As a result, classes are grinding to a halt:

  • University Of California: Earlier this month, 48,000 UAW-represented graduate student researchers, fellows instructors, and tutors voted to strike across ten campuses. This week, the conflict launched the biggest higher education strike in history with the union seeking amped-up benefits and $70,000 baseline salaries for post-doctoral workers, who currently earn about $55,000 per year.

  • New York University: A late-October vote by UAW-represented adjunct instructors led to a strike authorization that could have put nearly half of all classes on pause. Subsequently, the university struck a tentative deal for raises, although the university is not out of the woods yet.

  • Worcester Polytechnic Institute: Graduate workers voted to join the UAW with the intent to push for big raises and improved benefits.

A United Steelworkers Sham And An UAW Errant Election

by Kimberly Ricci

This month’s news from the manufacturing sector yields a true embarrassment of riches when it comes to fiascos from two unions who steer their members wrong:

  • The United Steelworkers union recently touted a tentative 4-year contract with U.S. Steel. Yet the deal might not be so sweet after all. The National Right To Work Foundation (NRTW) published a video to explain the union’s practice of approving sham contracts without democratic approval from its members.

 

In the above-linked video, NRTW goes into detail about the Steelworkers Local involved in a caseregarding an August 2022 contract ratification, which allegedly happened with the union admitting that it gives workers no right to approve or disapprove these agreements. These workers are trapped into paying union dues regardless of their position. NRTW’s brief on the situation can be viewed here.

  • The United Auto Workers simply cannot adhere to the straight and narrow. The notoriously corrupt union would love for their headlines to revolve around their requested quickie election to represent 900 workers at a joint GM-LG battery plant in Ohio, but reality has other plans for incumbent president Ray Curry.

 

Surprise, the UAW’s first direct presidential election is not only potentially historic but also a mess with a fair election seemingly out of the question. UAW watchdog Neil Barofsky has already determined that Ray Curry’s campaign used union resources to campaign in violation of election rules.

 

Rank-and-file presidential candidate Will Lehman, a tiered Mack Trucks worker, alerted Barofsky to several other alleged Curry violations. This includes voter suppression that may be the overriding reason why only 8% of the total UAW membership has voted so far. According to Lehman, a substantial number of workers didn’t receive ballots and/or were informed of a false deadline. Lehman also contends that temp workers were falsely informed that they can’t vote.

 

The popular candidate requested that the vote deadline be extended past the current November 28 mark for another 30 days.

 

Lehman continues to gather endorsements, including a letter from GM Flint Truck Assembly workers and Marion Stamping Plant workers, who slammed the existing UAW bureaucracy. Lehman’s fellow Detroit Stellantis Mack Assembly workers also issued a scathing letter about the “rotten” existing leadership, which they accuse of keeping their wages below fast-food levels.

Unions Give The Squeeze Ahead Of Holiday Travel

by Kimberly Ricci

chaotic summer of travel and forecasts of airline union turbulence now gives way to collective pressure from pilot unions against major U.S. carriers. Let’s just say that demand for air travel returned in full force this year, and unions see the opportunity presented by holiday travel season and an already diminished workforce.

 

With that in mind, a lot of union maneuvering is taking place regarding pilots for Delta, American, and United Airlines:

 

  • 15,000 Delta Air Lines pilots voted to authorize a strike if a contract doesn’t come together. This follows three years of failed negotiations for Delta and the union.

  • American and United pilots recently shot down contracts while arguing that their main quibble isn’t about money but about achieving “work-life balance.” United did agree to give pilots 5% raises while contract talks continue. However, pilots at both airlines still seek double-digit pay raises after an October deal led to Alaska Airlines pilots receiving 23% raises after authorizing a strike.

  • potential merger between unions could be in the works between the American Airlines pilots and the Air Line Pilots Association that already represents Delta and United pilots. Stay tuned on that note.

A Railroad To Nowhere

by Kimberly Ricci

The threat of a railroad shutdown still looms with contract negotiations no closer to resolve. This month, unions and major railroads pushed the strike deadline back until early December. Still, U.S. cargo shipments for several industries could be in jeopardy over the holidays, and if you’ve seen conflicting headlines, you aren’t alone.

 

The situation is a complicated one, and here’s why: even though an approved contract recently materialized for a union representing almost 5,000 workers, all 12 rail unions that represent 115,000 workers must do the same in order to avert a strike.

Uber - Bad Effects On The Gig Economy

by Kimberly Ricci

The NLRB still wants to yank a rabbit out of a hat and make it much easier to classify gig workers as employees rather than independent contractors. This would increase wage and tax-liabilities, not only for rideshare and delivery companies like Uber and DoorDash but also companies that hire electricians, journalists, and nannies.

 

Analysts are now sounding the alarm on how Biden’s objective will actually harm both companies and workersby cranking up costs that lead to job losses. However, Secretary of Labor Marty J. Walsh recently declined to answer CNBC’s questions specifically regarding Uber and the morphing gig economy while arguing that immigration reform is somehow the biggest issue facing the U.S. labor market today.

Mega - Minimum Wage Hikes After The Midterms

by Kimberly Ricci

Multiple states put minimum wage on the midterm ballots to drastic effect. Most notably, voters approved significant hikes in a few key jurisdictions. Nevada voters, for example, bumped the lowest paid workers from $10.50 to $12 per hour, but in Nebraska, the state will bump up the lowest paid workers from $9 to $15 per hour by 2026. And that’s not even the biggest increase on tap.

 

Following the midterms, the tipped minimum wage in Washington, D.C. will essentially be phased out. Those workers will jump from $5.35 to $16.10 per hour, which is right on par with their non-tipped counterparts. Restaurants are already attempting to navigate exactly how they’ll afford this hike, which doesn’t spell good news for inflation.

Independent Unions Grab The Baton In Mexico

by Kimberly Ricci

There’s still no easy fix for labor corruption in Mexico, but workers continue efforts to oust old-guard unions in favor of independent unions. Granted, workers will likely eventually find out that these new unions won’t deliver as promised, but the train will nonetheless continue barrelling down the track with the help of the U.S government, which sponsored a $130 million effort for the switch-up. In other words, it’s full steam ahead at the behest of the most union-loving administration in history.

 

Reuters recently published a report that detailed one garment worker’s struggle to help oust the Confederation of Mexican Workers (CTM) in favor of the independent La Liga union. The new union has also been racking upwins against CTM at upholstery factories that serve automakers as well as a plant for the 3M conglomerate. At this point, we’ll simply have to wait and see if these new unions favor “sellout” contracts, too.

About Labor Relations INK


Labor Relations INK is published weekly and is edited by Labor Relations Institute, Inc. Feel free to pass this newsletter on to anyone you think might enjoy it. New subscribers can sign up by visiting here.


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Contributing editors for this issue: Phillip Wilson, Greg Kittinger, and Kimberly Ricci 


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About Labor Relations Institute

LRI exists to help our clients thrive and become extraordinary workplaces. We improve the lives of working people by strengthening relationships with their leaders and each other. For over 41 years LRI has led the labor and employee relations industry, driven by our core values and our proven process, the LRI Way.

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