Union Avoidance
For decades, union membership has been on the decline. Yet in the last few months, workers have been organizing at a pace this country hasn’t seen since the Great Depression. Unions win approximately one out of every three petitions filed. They are increasing because of “quickie” elections. Life with a union is tough on business, which makes it even more challenging to make changes within your organization.
Union organizing campaigns are expensive, time-consuming, and stressful. Not only are union organizations tough to handle, but they also create an environment where it is harder to recruit and protect and make it harder to fire bad workers within your organization. In addition, the cons of joining a union are counterproductive to problem-solving. They have overwhelming dues and fees and no guarantees, which means members must still pay dues even without obtaining wage increases and strikes. This means strikes may occur at any time, for any amount of time, during holidays, and even if your child needs expensive medical attention. In addition, they take time and energy away from managing the business. Ultimately, all employers and organizations should educate their employees on the challenges of joining unions.
Benesch’s Labor & Employment attorneys regularly counsel clients with respect to legally opposing union organization efforts and union avoidance. We represent employers in collective bargaining and union avoidance before the National Labor Relations Board and in arbitration. The clients we represent in their relationships with unions, or in attempting to remain union-free, come from diverse industries such as steel, health care, construction, building materials, household product manufacturing, retail, and transportation and logistics. Our Labor & Employment Group, in conjunction with our Employee Benefits Group, also routinely work with clients to address and minimize withdrawal liability arising from multiemployer pension.
