Whether employees voted for or against representation in a union election, what management does next may matter more than the election result itself.
The ballots have been counted, the observers have gone home, and the campaign is finally over. For many employers, that comes as a considerable relief. But whether the company wins or loses the election, work is waiting for next Monday morning.
If employees voted against union representation, management has an opportunity to address the problems that led to the organizing campaign. If employees vote for the union, the company faces a new set of legal obligations and the challenge of negotiating the first union contract.
Both situations require a plan. What happens next depends on which clock you’re watching.
LRI has developed two free video series to help employers navigate either outcome.
You Won the Union Election. Now You Have 52 Weeks.
Winning an election doesn’t mean the problems that brought a union into the workplace have disappeared. Employees may have rejected representation, but that doesn’t necessarily mean they’ve embraced management.
The concerns about supervisors, working conditions, communication, or fairness that fueled the campaign may still be there. So are the employees who voted for the union.
The worst thing an employer can do is celebrate the victory and return to business as usual.
What The Next 52 Weeks Covers
LRI’s The Next 52 Weeks series focuses on the year following a successful union election defense. The goal is to turn a campaign victory into lasting improvements in employee relations.
Across 13 episodes, our labor relations experts examine how to identify the vulnerabilities that led to organizing, strengthen supervisors’ leadership skills, improve employee communication, and build a workplace where employees see less need for outside representation.
The series includes practical discussions about:
- Understanding why employees sought union representation. What did the campaign reveal about workplace concerns that management may have overlooked?
- Developing supervisors. Are front-line leaders equipped to build trust, communicate effectively, and resolve problems?
- Building better communication. How can management make listening to employees an ongoing practice rather than something that happens only when organizing begins?
- Creating a sustainable plan. What should the organization accomplish over the next year, and who is accountable for making it happen?
Where to Start
For employers looking for an immediate starting point, Planning Your 52-Week Calendar addresses the transition from election activity to an actionable plan.
Another useful starting point is Approachability: The One Ring of Leadership Training, which examines one of the most important skills supervisors bring to employee relations.
The series also includes three free downloadable resources: a post-election roadmap, an employee listening guide, and a supervisor conversation guide.
There’s no requirement to watch every episode in order. The series homepage organizes the content into six learning paths so employers can concentrate on their most immediate concerns.
Remember, winning an election buys an opportunity to improve employee relations. It doesn’t guarantee another victory if organizing returns, but it can make all the difference.
You Lost the Union Election. The First 90 Days Matter.
When employees vote for union representation, the employer’s situation changes considerably.
Management must prepare for collective bargaining while continuing to operate the business. Supervisors need to understand what they can and cannot do. Decisions that once fell within management’s ordinary discretion may now involve bargaining obligations.
Status Quo Obligations Can Begin Before Certification
There is also an important legal distinction. The employer’s obligation to avoid certain unilateral changes can arise following the election, even before formal certification. Waiting for the certification paperwork before reviewing those obligations can be a costly mistake.
LRI’s Managing During Status Quo series focuses on the critical first 90 days following a union election.
That 90-day period is a practical planning window, not a statutory bargaining deadline. It’s a time when employers need to establish how they will operate under the new relationship and prepare for negotiations.
What Managing During Status Quo Covers
The series includes an introduction and six episodes addressing the challenges employers face as they move toward a first collective bargaining agreement.
Topics include:
- maintaining the status quo
- developing a bargaining strategy
- preparing management’s negotiating team
- communicating with employees during negotiations
- and planning for possible economic pressure, including strikes.
Where to Start
A particularly useful starting point is Managing in a Unionized Environment: First Steps After a Union Election. It examines the operational and legal adjustments employers face immediately after employees vote for representation.
The series also covers Crafting a Winning Collective Bargaining Plan and Strike Response Planning and Preparation.
For employers entering collective bargaining for the first time, the learning curve can be steep. A lack of preparation can affect negotiations long before anyone sits down at the bargaining table.
Two Outcomes. Two Plans.
The two series address very different circumstances, but they share an important premise: the election result isn’t the end of an employer’s labor relations responsibilities.
For an employer that wins, the priority is addressing the reasons employees considered union representation and making meaningful improvements in the workplace.
For an employer that lost, the immediate priority is understanding the new legal environment, maintaining effective operations, and preparing for collective bargaining.
Both require management attention long after the ballots have been counted.
Both series are available at no cost, with video, audio, and transcripts available through the episode pages. Employers can work through the material independently or use it to identify where additional assistance may be needed.
