How not to be a union buster
Context & History
The latest polls show over 70% of people in the United States are pro-union, yet this country has one of the lowest percentages of union membership of any country in the world - less than 12%. How can this be? The answer lies in our history and current practice of employers fighting unions and weakening labor laws, as well as the messages against collective action that we have been raised with.
The laws that were written to promote freedom of association for working people have very weak enforcement mechanisms, and therefore employers oppose unions with impunity. Companies routinely hire expensive lawyers to appease and threaten workers into dropping the union. The union avoidance industry now dominates the landscape to the point where it is difficult to even find an alternative. If you want to lead from a place that is pro-union, anti-racist, and mission-driven, here is some advice.
Dont be a Union Buster
AA Union Buster puts on a big smile, is suddenly fake-nice to everyone, and lightens up on expectations and accountability.
A Union Buster acts as if support for the union is disloyal to them and to the company. They take it personally that people want a union.
A Union Buster hires a union-busting attorney who knows all the ways to bend and break the law to keep the union out or disempower the union.
A Union Buster tries to discredit union supporters as unhappy or unqualified employees and retaliates against them.
A Union Buster tries to learn everything they can about what is going on inside the union organizing effort in order to weaken it.
A Union Buster looks to play “divide and conquer” by stating or implying that the union is only for one group and not another, often along racial lines, or other differences, such as age or tenure with the organization.
A Union Buster looks for ways to delay the process at every turn, hoping to wait out and discourage union supporters.
A Union Buster insists on a union election so people can hear “both sides” and decide after “getting the facts”.
A Union Buster predicts that the organization will be worse off - even unsustainable - in the future because of the union.
Beyond Neutrality authors and affiliates do not provide legal, tax, or accounting advice. This and all Beyond Neutrality resources are intended for informational and educational purposes only. Readers should consult their own legal, tax, and accounting advisors, and organizations should retain experienced labor-friendly counsel aligned with their values.
BE A beyond neutrality Leader
A BN Leader is authentic and calm and continues to lead the organization in pursuit of its mission.
A BN Leader acts as if support for the union is a natural and logical step for employees to take to amplify their voice and exercise power within the organization.
A BN Leader hires a values-aligned attorney who knows how to engage in recognition and bargaining from a union-welcoming perspective.
A BN Leader recognizes the initiative and commitment of union supporters and sees the energy they are investing in helping their organization improve.
A BN Leader remembers TIPS (Threats, Intimidation, Interference, Promises, and Surveillance) are against the law and avoids them.
A BN Leader seeks to foster and maintain unity and equity across differences and encourage people to participate in the process. They make sure that racism in any direction doesn’t undermine the process.
A BN Leader looks for ways to speed up recognition and bargaining, and willingly engages the union in the process.
A BN Leader agrees to voluntary recognition and negotiates on the bargaining unit and process for signature verification.
A BN Leader helps the Board, funders, and managers understand how the union will benefit the organization.