Remember “Poltergeist II,” the horror film with a little girl who intoned “They’re baaaack” when the evil forces returned? Well the unions may not be that evil, but they are definitely back. In fact, they never went away.
Despite the decline in manufacturing employment, private-sector unions still collect more than $12 billion in annual dues income. With that cash flow they can be a force in any area. And several signs point to an interest in unionizing restaurants.
I remember my first encounter with a culinary union. I was representing Steak and Ale when they tried to organize locations in the Virginia suburbs of Washington, D.C. Having dealt with coal mining, shipbuilding, auto and steel unions, this seemed like labor law’s version of child’s play. I quickly realized, however, that many of the traditional anti-union arguments used to address middle-aged, male heads of households had little impact with college-aged, part-time-working men and women. Serving food was not a career for them: They were just passing through and didn’t expect to grow with the business.
Most of these would-be union members had no great interest in joining a union for benefits that might never be realized until retirement. On the other hand, there was little reason for them not to join. The dues were low. They got the psychic benefit of being “trailblazers” for those who would follow in their footsteps. And it seemed like fun to “take control” over a manager they didn’t respect.
My concern today is heightened by President Barack Obama’s appointments to the National Labor Relations Board, or NLRB. This decidedly pro-union agency is changing the dynamics and chances of union success in campaigns for more dues-paying members. Strategies for winning elections that worked in the past may mean little going forward under the new rules.
Consider it likely the NLRB will redefine what constitutes an “appropriate unit” for unionization. Strategically, businesses demand a vote in the largest universe of employees. You are more vulnerable when the union only needs to convince six out of 10 of your kitchen employees to sign up, versus a majority of all employees in the restaurant. The NLRB seems poised to make it easier to establish these micro bargaining units. They may also shorten the time frame for elections.
These new recruitment strategies call for new responses from management. Your position on third-party intervention should be covered during orientation when all other policies are explained. Put it in your literature that you prefer to deal directly with employees. Establish the culture up front. If you raise your objections after a campaign has begun, you look defensive. And if the NLRB shortens the time for election campaigns, you will want to have laid down a marker early.
I realize management is often reluctant to preemptively raise the issue of unionization for fear of a larger conversation. But that ship is sailing: The NLRB will soon jump-start that awareness by requiring you to permanently post a notice explaining legal rights and protections for organizing a union shop.
There are easy things to do in preparation for a nasty fight over who controls your workplace. There are ways to lower your target profile and increase your chances of winning any election. But for now, the one question your team should ask of itself is: Are we prepared? This is an area fraught with legal potholes and pitfalls that are easy for the unprepared to fall victim to.
And much like a heart attack, what you do shortly after symptoms appear may dictate the final result.
Richard Berman is president of Berman & Co., a Washington, D.C.-based lobbying firm. This article does not necessarily re ect the opinions of the editors and management of Nation’s Restaurant News.
