A recent post on the Delaware Employment Law blog presents a great case for businesses being careful to execute the proper strategy in dealing with the ramifications of the Employee Free Choice Act. The blog cites one such type of overreaction:
“implementing grievance and arbitration procedures that mimic those in union contracts. “
The post explains how such a move could be detrimental to a company whether or not the EFCA passes, with which I agree, but the only stratety proposed by the author is to adopt a “wait and see approach.”
I heartily disagree with him on this point, for three reasons.
First, the unions are definitely NOT taking a “wait and see approach.” They will have strategies in place to execute the day following the elections, no matter who is elected to the White House. They are heavily vested in this bill, and are banking their future on its passage. If Obama is ensconced in the Oval Office, I don’t believe unions will even wait until the law is signed before they begin disbursing authorization cards and organizing minions to the four corners of the country. There won’t be adequate time for those companies selected in this first wave to prepare for the onslaught. This could be the proverbial snowball rolling of the mountain peak, sweeping away all before it.
Secondly, there is an appropriate strategy that can effectively deter union encroachment on several levels. By taking the proper steps, a company becomes a “hardened target” against unions, and because organizing will now be relatively easy, unions will shy away from such targets (at least at first). The company also will be set on “hair-trigger” for any notice of organizing activity, its employees will understand the benefits of a direct relationship, and managers and supervisors will be ready take exactly the right steps the moment a card signing campaign is recognized.
Third, the proper strategy is also based on simple proactive HR measures that all good companies should be engaged in on a regular basis anyway, so there is no wasted effort or expense. Companies implementing such strategies typically see a rise in productivity and profitability.
If there is anything good that can come out of the specter of the EFCA, it is that more good American companies might actually take proactive steps to become even better-managed, before the union comes a-knockin’!
