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Lie #1 – You Can’t Lose
The union organizers will try to make
unionization sound like a no lose proposition.
They promise improvements in pay and benefits with statements such as
“the union would never agree to pay and benefit cuts so you can’t lose”.
The fact is bargaining is a game of
GIVE and take. By law, unions cannot
collect dues until they have a contract in place so it is common for unions to
agree to concessions just to get the first contract and start taking money from
your paycheck.
The first two items that unions
negotiate for are closed shop and dues checkoff. Closed shop means you have to belong to the
union in order to work at the company and dues checkoff is automatic payroll
deduction of your dues, fines and assessments.
Smart companies know that the union will not give up these two items so
they force the union to give up something in exchange for closed shop and dues
checkoff.
Once a union wins an election their
first order of business is to lower the expectations of the employees. Often the union organizers have spent years
making promises knowing that they can never be fulfilled. Now they must prepare the employees for
reality.
Bargaining is a two way street. Some contract provisions will benefit the
union (this does not necessarily mean it will benefit the employees) and some will
cost the employees.
In our Edition 1 Newsletter we have
coupons that can be given to a union organizer so they can sign them and
guarantee the employees will have better pay, benefits and working conditions. Note:
you will never get a union organizer to sign the coupons.
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Lie #2 – Just Try It, You Can Vote
the Union Out if You Don’t Like It
Many union organizers will try to
overcome an employee’s objections by telling them they can vote out the union in
a year.
The truth is once a union is voted in
they are there until someone takes the initiative to decertify the union. In order to decertify the union employees
would have to wait 3 years and then they would only have a 30 day window in
which to gather signatures for decertification.
Unions will use harassment and intimidation to thwart decertification
activities.
Decertification efforts are further
complicated by the fact that many union constitutions prohibit decertification
activity. Violating the union’s
constitution can result in the employee being kicked-out of the union and
subsequently fired (remember it’s closed shop – you have to belong to the union
or you can’t work for the company). We
discussed this in our Edition 1 Newsletter.
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Lie #3 – You Are the Union
When a union wins an election, it
only wins the right to speak for employees for the purpose of collective
bargaining.
The union (both the Local and the
International) can legally do whatever it wants regardless of what the
employees want. The NLRB has almost
always sided with the union on this sometimes contentious point.
Organizers will often claim that “you
will have a seat at the table when decisions are made”. What they don’t tell you is that you will be
instructed to save your comments for caucus meetings that are held away from
the table. You will be told that this is
necessary so the union can present a “united front”.
Even if you are allowed to speak at
the table, only the Local or International can approve a contract with your
company.
If the UAW has a “seat at the table”,
why did they allow the Detroit 3 to deteriorate to the point that GM and
Chrysler flirted with bankruptcy and Ford had to go deeply in debt to stay
alive? Why did the UAW negotiate
concessions? Since they had a “seat at
the table” shouldn’t they have prevented the financial meltdown and thus
avoided the concessions?
To further illustrate this point
think about your representatives in Washington DC. You may have voted for them but what about
the day to day decisions they make? Do
they agree with you on every issue? This
exemplifies the type of voice you have with a union.
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Lie #4 – Respect
Another common pitch that organizers
use is “United we stand, divided we beg”.
What the organizers are doing is
confusing fear and respect. They are
saying that the company would fear the union and would treat the employees with
more respect.
What the company actually fears is
the unions restrictive work rules and ridiculous bargaining and grievance
resolution process will make the company uncompetitive in today’s
ultra-competitive global economy. Even with
wage and benefit concessions, unionized companies tend to get pulverized during
difficult economic times. Due to UAW
induced inefficiencies, the Detroit 3 even got hammered during good economic
times.
If the union really wanted the
respect of the company they would try to help the company become more efficient
and profitable.
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Lie #5 – The Company’s Resistance is
Proof
The UAW is trying to trick you with
this argument. Basically they try to put
unions in the same category as alcohol and drugs. Since your parents told you not to use
alcohol and drugs, they must be cool. A
parents opposition is seen as validation.
The reality is sometimes parents are
right – alcohol, drugs and unions can be bad for you. Those who oppose the UAW are looking out for
your best interests.
As we mentioned before, companies
don’t fear huge wage and benefit increases.
Companies only have to pay what they agree to pay. As long as a company holds firm they can
negotiate just about anything into the contract.
What the company fears is the loss of
flexibility. Companies must have the
ability to response quickly to changing market conditions.
The negotiating process is often very
adversarial and can take months or years.
During the negotiating process the company is legally obligated not to
change anything. Non-union competitors
are not saddled with this burden and therefore can make changes quickly as the
market demands. Flexibility can be the
difference between profit and bankruptcy.
Just look at what has happened to GM and Chrysler.
Customers also know the inherent
problems with unions. They may look for
alternative suppliers during contract negotiations to avoid disruptions to
their business.
Many studies have determined that the
“dead-weight” of a union costs the company 20% of productivity and
profitability. This is not due to wage
and benefit costs. When you account for
regional and industry differences, the gap between union and non-union pay is
small or even non-existent.
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Lie #6 – Protection
Creating fear of being fired is another
common UAW lie. They will use terms such
as “at-will”, meaning that you can be fired at any moment without just
cause. The organizers do this in order
to convince employees that they need protection.
The fact is employers today are very
reluctant to fire anyone. Given the
current legal environment, companies only fire employees after a series of
other disciplinary actions have failed.
This protects the company from EEOC complaints and lawsuits.
So what about union employees? Are they “protected” for being fired? No!
They have a grievance procedure but
they forfeit their right to speak for themselves or to process their own
case. This means that their fate may be
decided by politics, connections or the good-ole-boy system.
Each year unions face thousands of
unfair labor practice charges for not fairly representing their members during
the grievance process. You can view the
unfair labor charges against the UAW at www.DOL.gov.
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Lie #7 – Union Employees Have it Better
When union organizers are asked to
explain how they lost several million more members they always refer you to the
Bureau of Labor Statistics wage rate information. They will show you that union workers make
30% more than non-union members across the US.
If this were true then people would
be beating down the door of the union hall in order to sign a card. A wise man once said “there are lies, damn
lies and statistics”.
In reality the BLS statistics are not
very reliable because they do not account for regional differences. Union membership tends to be higher in large
metropolitan areas. These are the same
areas where the cost of living is higher and therefore wage rates tend to be
higher in these areas.
Another problem with BLS statistics
is they lump everyone together. The
statistics compare unionized NFL players with non-union McDonald’s workers.
People are not stupid. There is a reason that unions are dying and
workers can see that unions do not bring about the positives they claim they
will.
The bottom line is that having a
union adds more bureaucracy, politics, costs and rules to your work
environment. Unions also hurt the
competitiveness of companies and make them less nimble to changing market
conditions. All these factors make the
company less profitable and put downward pressure on pay, benefits and
employment levels.