Avoiding unionization: tips for employers.

Not all long-term care facilities operating in today's economic environment can afford for their employees to join labor unions. There are a number of steps facilities can take if they wish to avoid unionization. These include the following:

* Develop a policy on unionization.

* Train supervisors to deal effectively with employees.

* Maintain effective communication with employees.

* Keep wages, benefits and other working conditions up to area standards.

* Provide periodic supervisor training.

* Enforce company rules uniformly.

* Establish/maintain company-sponsored committees, delegations, etc.

Develop a policy on unionization. Employers have a legal right to oppose unionization and to express their opposition to employees in a noncoercive manner. If an employer is opposed to the unionization of its facilities, both supervisors and employees should be made aware of this fact. Many employers have developed a written policy statement that outlines their position on unions and explains some of the reasons the employer feels that unionization is unnecessary. Once such a policy has been adopted and reviewed to ensure that it is legal, the employer can disseminate it in orientation programs for new employees, audio-visual programs or at meetings with employees.

Train supervisors to deal effectively with employees. The best time to train supervisors on how to respond to questions about unions is before an organizing drive begins. Experience shows that most supervisors either cannot or will not provide their employees with simple, straightforward answers to such basic questions as: "What is the company's position on unions?.... How do you feel about unions personally?" and "Why is the company opposed to unionization?" Unless supervisors have received training on how to respond to questions about unions, it is unreasonable to expect them to respond in a lawful and convincing fashion.

Maintain effective communication with employees. An effective communications program with employees should, at a minimum, include periodic meetings, individual conferences and a suggestion/complaint procedure. An employer's sudden interest in employees in response to a union campaign will have little impact and probably will be viewed by employees with suspicion. Employers should constantly work on good communications, keeping employees informed through bulletin board notices, letters and individual and group meetings. Managers should also be sensitive to the "rumor mill" and promptly respond to rumors by providing employees with facts.

Keep wages, benefits and other working conditions up to area standards. A noticeable lag in wages and benefits is an invitation to union organizing efforts. Wage and benefit reviews can be used to ensure that the employer remains competitive with similar industries in the area in which it operates. Your chamber of commerce and/or employer association may conduct periodic wage and benefit surveys for member companies that will assist employers in evaluating their own wage and benefit programs.

Provide periodic supervisor training. Because all supervisors are agents of the company and can commit unfair labor practices, employers who fail to provide supervision with periodic labor law training are asking for trouble. Once a union campaign is under way, it may be too late to provide the necessary training. Often, legal mistakes made at the beginning of a union drive can seriously undermine an employer's ability to counter the union's organizing efforts.

Enforce company rules uniformly. Many, if not most, unfair labor practices of a serious nature can be avoided by uniform and consistent enforcement of company rules. A company that allows one supervisor to enforce a rule one way and another supervisor to enforce the same rule in a different fashion is not only subject to charges of "favoritism" but is also vulnerable to charges of unlawful discrimination. For this reason, a specific company official (normally the personnel manager) should be designated to monitor and approve disciplinary action. Periodic audits of disciplinary action, together with supervisory training, can also help to achieve the goal of uniform enforcement of company rules.

Establish/maintain company-sponsored committees, delegations, etc. A company-sponsored employee group may assist an employer in effectively communicating with employees and encouraging employee ideas for job or product improvements, better enabling the employer to respond to legitimate employee needs. However, legal counsel should be consulted before forming a cosponsored employee participation committee, because the National Labor Relations Board has recently ruled that an employee participation committee may be viewed as a labor organization where it acts as a representative of the employees. Therefore, an employer must exercise caution in forming such a committee, in order to avoid a finding that the committee is an unlawful employer-dominated labor organization and thereby constitutes an unfair labor practice.

Following these steps will go a long way toward creating an atmosphere in which employees feel they are being appreciated, well treated and fairly compensated for their efforts.

Herbert E. Gerson, Esq., JD, is a partner in the national labor and employment law firm of McKnight Hudson/Ford Harrison, LLP, in Memphis. For more information, phone [phone]; e-mail [e-mail].