Five ways to ensure your employees will unionize

A union organizer will tell your employees there are many good reasons to join a union.

Among some of those reasons are that union jobs pay more than non-union jobs and there is more dignity and job security in a union shop.

Many non-union employers, however, invariably want to remain that way. Such employers do not want to lose the flexibility of a non-union workplace.

How does an employer do so without running afoul of federal law?

Here is my response: An employer can remain union free by treating its employees so well that a union is unnecessary.

In other words, an employer remains non-union by being pro-worker, not anti-union.

What do I mean by that? Below are five ways that employers often disconnect from their workforce and create the path for unionization.

1. Inconsistent application of rules

Be consistent with your policies and procedures. Companies that pick and choose which policies to enforce are exposing themselves to potential liability.

If you enforce the policy for one employee but not another employee, at some point some plaintiff’s lawyer will accuse you of discrimination.

One management lawyer recommended that human resource professionals drill into managers and supervisors the phrase, “Be fair. Be consistent. No surprises.”

Plus, inconsistency is a telltale sign of favoritism and no employee — except the favorite — wants to work where the employer exhibits blatant favoritism.

2. Not treating employees with respect

Clearly explain unpopular decisions and why they are important to the company. Reprimand an employee in private, never in some ranting tirade in front of his or her co-workers.

Similarly, reward employees publicly and thank them for their contributions to the company’s success.

3. Poor communication

An employer should keep the lines of communication open with employees and express a willingness to hear and resolve problems.

Employers cannot simply have an “open door policy.” They have to practice an open-door policy every day and, when necessary, take action based on their employees’ concerns.

Employers must follow up on employee complaints. Management is often uncomfortable with conflict, and it is so easy to ignore it, but this can lead to unhappy and unproductive workers.

Remember, unhappy employees sue you and unproductive workers hurt your bottom line.

4. No notice to employees

Don’t change policies and procedures that affect employees without giving them a heads up what is being considered.

For example, perhaps you want employees to work four 10-hour days and have Fridays off. Both Amazon.com and Google tested the four-day work week, and plenty of workers like the idea of a three-day weekend.

However, not all workers want a compressed work week because of the stress and issues with child care and assistance for elderly family members.

While the employer has the unilateral right to manage and enforce policies how it wants, seeking employee input in advance of making such changes shows that the employer cares about their opinions.

Plus, employees often offer valuable and practical insight that management has not yet contemplated.

5. Keep your promises to your employees

If you have policies promising a safe work environment, a respectful workplace free of harassment and competitive compensation, deliver it.

According to the U.S. Department of Labor, unemployment is the lowest it has been in nearly 18 years.

Accordingly, in this day and age of staffing shortages and competition for talent, employers need to invest efforts into keeping promises to its workforce.

Wilford H. Stone is a lawyer with Lynch Dallas in Cedar Rapids.