LABOR RELATIONS GUIDE
NAME REMOVED FREIGHTWAYS AND UNIONIZATION
This is a basic guide to assist the supervisors and managers
of Name Removed Freightways to avoid unionization and to ensure
that we are all familiar with what we can and cannot do.
While avoiding the unionization of Name Removed Freightways
is certainly a worthy goal, we should all continue to be very
proactive in taking care of our employees. Our people are our
greatest asset and should be treated as such. Treating our
people with respect and taking their interest at heart should
be a top priority. It belongs right up there with providing
quality customer service. Taking care of our people ensures
we have the type of environment that does not allow the union
to obtain a foothold.
TAKE CARE OF OUR PEOPLE!!
PRECAUTIONS IN THE TERMINAL
LOCAL RULES TO PREVENT PROBLEMS
There are a few rules that all terminals should have. These
rules prevent openings that allow the union to advertise in
your terminal.
1. Control the bulletin boards.
Bulletin boards should be used for company business only.
No one should be allowed to put up any kind of notices - no
matter the purpose. This includes notices of items for sale,
thank you cards, cartoons, clippings from the paper, and anything
else that is not company business.
If you treat the bulletin like an open forum for your employees
to use, they can legally do so. You may be giving your employees
the right to put up notices from the union. Believe me, this
is a critical issue.
2. Do not allow your people to wear anything other
than Name Removed Freightways caps.
If you allow them to wear any other
kind of cap with a written message or advertisement and you
get into an organizing attempt, they can wear Teamster caps
and legally you can not prevent them from doing so. The last
thing you need is to have some of your employees wearing Teamster
caps and not be able to do anything about it. What kind of
a message is that sending to the rest of your people?
3. Do not allow your people to wear any other clothing
with advertising or written messages.
The result is the same as the above.
This is, again, a critical issue and one that is easy to find
yourself in trouble over.
4. Post "No Soliciting" signs at the entrances
to your terminal and do not allow soliciting of any kind.
If you allow people to solicit in your terminal, you may
find yourself in court trying to explain why your open door
policy does not apply to the Teamsters. That is one that we
usually will win, but it may take going to court to do so.
5. Do not accept envelopes or pieces of paper from
know union officials or strangers.
It is not uncommon for union officials to try to hand you
signed cards or other organization material that mean you have
legally been served notice. We do not want that to happen.
Admittedly, it is a difficult habit to cultivate, but you
should do so and teach your supervisors to do the same.
If you do receive paperwork in this way or if someone just
walks into your office and lays it on your desk, do not open
or examine the material. If you are unable to get the person
to take it back, it should be placed in a large envelope, sealed,
and your Division V.P. notified immediately.
These may seem like very small issues, but believe me they
are very important. Take all the steps above starting today.
HIRING PROFILES
WARNING SIGNS
Often after we find ourselves in union election campaign,
we find ourselves wondering how in the world did we hired some
of the people we now find as employees. When we examine their
files, we may find some interesting common factors that surface
again and again.
1. Teamster background.
These people worked for a company that was organized by the
Teamsters. Not only did they enjoy the wages and benefits,
they may have close relations with union business agents. This
is true even of the ones who worked for truck lines such as
Jones, Transcon, etc. who went bankrupt. They did not learn
from that experience.
2. Other union background.
May have been a member of a union in another business such
as U.P.S. or construction worker. They usually have the union "mentality" and
we cannot expect that not to have an effect.
3. Financial problems.
People who are stretched to the limits financially, often
fall prey to union promises of higher wages.
4. Job Hoppers.
These people usually have little loyalty to the Company.
They are easily swayed by outsiders such as union organizers.
5. Radicals.
Self-ordained ministers, "Jesus freaks", and people
who intensely identify with a "cause". For all their
beliefs in the "cause" such people are often easily
swayed by others and made to "see the light" for
a new "cause".
6. Family member works as a Teamster.
This may not always be a problem, but it is something that
must be considered. What do you think they are hearing at home?
7. Education.
People with a higher education than the norm for their position
are likely not to be as easily satisfied with their work. This
is especially true if they have a past history of "failing" in
white collar jobs.
These are just a few warning signs that we should be aware
of as we screen potential employees. Be alert. The best chance
we have at maintaining the superior workforce we now possess
is by vigilance during the hiring process.
RECOGNIZING THE EARLY WARNING SIGNS
OF UNIONIZATION
As long as there are Teamsters and the union around, there
will be attempts to organize our people at Name Removed Freightways.
Our drivers will always be subject to pressure and "sales" talks
when they run into drivers for the unionized carriers. This
will likely never go away and it means that we must always
be proactive in our approach to keeping the union out.
In one way, we might think of the union as competition for
Name Removed Freightways over our own people. That competition
is good for us, just like competition for our customers is
good for us because of the way it makes us provide better service
for our customers. The efforts of the union to organize our
people should make us more aware of the way we deal with and
treat all Name Removed Freightways employees and in that knowledge,
ensure we continue to take care of our people to the best of
our ability. We must take care of our people!
As supervisors and managers, we must keep alert for any warning
signs that may indicate more than the "usual" organizing
activity. There are many things we can listen and watch for.
Union terms and buzzwords. Listen for such
terms as "seniority", "grievance", "job
posting", "bumping", "security", etc.
Those words did not just appear from nowhere. Someone is
using them and trying to "sell" our people.
Change in normal conversational topics. All
at once our people are talking about pension plans, job security,
seniority rights, etc. instead of the usual conservations about
social and sporting events, and weekend activities.
There is obviously an attempt to stir interest in Name Removed
Freightways benefits and work rules. It includes many false
claims about how they can make it better.
Strange bedfellows. People who normally
do not associate with each other start spending time together.
People who previously had nothing in common now find that
unionization has brought them together for a common cause.
The nature of complaints change and their frequency
increases. Comments and questions become increasingly
critical. Often they are primarily directed at policies and
benefits.
Again, others are putting words and doubts in their minds.
Group complaints begin. Rather than the
usual one on one complaints, people begin to approach management
in groups to complain or to use petitions.
This is another sign of the union mentality, collective action.
The emergence of a new leader. There are
always "natural" leaders in all organizations. When,
all at once, those leaders change, you should be alert.
This person could be a union plant or someone chosen to organize
the terminal.
Development of two distinct groups. Obvious
oppositional groups appear.
This occurs as organizational attempts strengthen. Our people
divide into separate "camps" for and against the
union.
Over-qualified applicants. One or more "unusual'
applicants apply for work at your terminal. These applicants
may be obviously over-qualified or over educated for the jobs
the are seeking.
These individuals may be union "plants" who, once
hired, will begin serious organizational activities.
Once "friendly" employees stop talking. The
people who usually are quick to greet you in the mornings and
to stop and talk suddenly grow quiet and are no longer friendly.
This may be a sign of embarrassment for participating in
or listening to the union organizers.
Drivers start questioning supervisors authority over
route assignments, equipment assignments, overtime, etc. Some
of this is normal, but you should be aware if this suddenly
increases in frequency and in intensity.
This is another sign that they are being pushed to believe
that they are being mistreated in these areas.
Groups stop talking at your approach. You
should be concerned when people obviously grow quiet when you
approach, especially when they stop and look at you and then
quickly look away.
When they grow quiet, it is a fair assumption that they do
not want to be overheard. When they also look at you and then
quickly look away, it is likely that they are apprehensive
about the conversation. That may very well mean the discussion
was about the union.
Any activity that is a departure from the norm.
Keep alert for other signs. Awareness of others is critical
not only for awareness of unionization attempts, but for all
matters of concern that our people have. As Managers and supervisors,
we have the obligation to stay close to our people, to listen
to their concerns and to respond to them. That is part of taking
care of our people and doing the right thing. As long as we
do that, we do not give the union the opportunity to "get
to" our people.
TAKE CARE OF OUR PEOPLE!!
WHAT SUPERVISORS CAN DO
1. Can keep outside organizer off premises.
2. Inform employees from time to time of the benefits they
presently enjoy (avoid veiled promises or threats).
3. Inform employees that the signing of a union authorization
card does not mean they must vote for the union if there is
an election.
4. Inform employees of the disadvantages of belonging to
the union, such as the possibility of strikes, serving in a
picket line against other employees, dues, fines, assessments,
and one-man or clique rules.
5. Inform employees that you prefer to deal with them rather
than have the union or any other outsider settle employee grievances.
6. Inform employees what you think about unions and about
union policies.
7. Inform employees about any prior experience you have had
with unions and whatever you know about the union officials
trying to organize them.
8. Inform employees that the law permits you to hire a new
employee to replace any employee who goes on strike for economic
reasons.
9. Inform employees that no union can obtain more than you,
as an employer, are able or willing to give.
10. Inform employees that the local union probably will be
dominated by the international union, and that they, the members,
will have little to say in it's operation.
11. Inform employees how their wages and benefits compare
with unionized or non-unionized concerns, where wages are lower
and benefits less desirable.
12. Inform employees of any untrue or misleading statements
made by the organizer. You may give employees the correct facts.
13. Inform employees of known racketeering, Communist, or
their undesirable elements which may be active in the union.
14. Give opinions on unions and union leaders, even in derogatory
terms.
15. Distribute information about unions, such as disclosures
of the McClellan Committee.
16. Reply to union attacks on Company policies or practices.
17. Give legal position on labor-management matters.
18. Advise employees of their legal rights, if the advice
is accurate, even though it may be one-sided.
19. Declare a fixed policy in opposition to compulsory union
membership contracts. (This does not apply in states which
do not have a Right to Work law.)
20. Campaign against a union seeking to represent the employees.
21. Tell employees you do not like to deal with unions.
22. Administer discipline, layoffs, grievances, etc. without
regard to the union membership or non-membership of the employee
involved.
23. Treat both union and non-union employees alike in making
assignments of preferred work, desired overtime, etc.
24. Enforce plant rules impartially, regardless of employees'
membership or activity in a union.
25. Tell employees if they ask, that they are free to join
or not to join any organization, so far as their status with
the Company is concerned.
WHAT SUPERVISORS CANNOT DO
1. Attend any union meetings, park across the street from
the union hall to see which employees enter the hall, or engage
in any undercover activity which would indicate that the employees
are being kept under surveillance to determine who is and who
is not participating in the union program.
2. Tell employees that the Company will fire or punish them
if they engage in union activities.
3. Layoff or discharge any employee for union activity.
4. Grant employees wage increases or special concessions
in order to keep the union out.
5. Bar employee union representative from soliciting employee
memberships during non-working hours.
6. Ask employees about confidential union matters, meetings,
etc. (Some employees may, of their own accord, walk up and
tell of such matters. It is not an unfair labor practice to
listen, but you must not ask questions to obtain additional
information.)
7. Ask employees what they think about the union or a union
representative.
8. Ask employees how they intend to vote.
9. Threaten employees with economic reprisal for participating
in union activities. For example, threaten to move or close
the business, curtail operations, reduce employee benefits.
10. Promise benefits to employees if they reject the union.
11. Give financial support or other assistance to a union
or to employees, regardless of whether or not they are supporting
or opposing the union.
12. Announce that you will not deal with the union.
13. Don't ask employees whether or not they are supporting
or opposing the union.
14. When you hire an employee, you cannot ask about his affiliation
with a labor organization during the interview.
15. Make anti-union statements or actions that might show
your preference for a non-union man.
16. Make distinctions between union and non-union employees
when assigning overtime work or desirable jobs.
17. Purposely team up non-union people and keep them apart
from those you think may belong to the labor organization.
18. Transfer workers on the basis of union affiliation or
activity.
19. Choose employees to be laid off on the basis of weakening
the union's strength or discouraging membership in it.
20. Discriminate against union people when disciplining employees.
21. By word indicate that you would like to get rid of an
employee because of his union activity.
22. Discipline union employees for an action and permit non-union
employees to go unpunished for the same offense.
23. Deviate from Company policy for the purpose of getting
rid of a union man.
24. Take actions that adversely affect an employee's job
or any pay rate because of union activity.
25. Become involved in arguments that may lead to a physical
encounter with an employee over the union question.
26. Threaten a union member through a third party.
27. Threaten your employees or coerce them in an attempt
to influence their vote.
28. Promise employees a reward or a future benefit if they
decide "no union".
29. Tell employees that the Company will close down or move
it's plant..
30. Tell employees overtime work (and premium pay) will be
discontinued if plant is unionized.
31. Say unionization will force company to lay off employees.
32. Say unionization will take away vacations, or other benefits
and privileges presently enjoyed.
33. Promise employees promotions, raises, or other benefits
if they get out of the union or refrain from joining it.
34. Start a petition or circular against the union or encourage
or take part in it's circulation if started by employees.
35. Urge employees to try to induce others to oppose the
union or keep out of it.
MFM
2/23/93
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