Employer’s anti-union campaign ORGANISING Employer’s anti-union campaign Employer’s anti-union campaign If you will not be facing an anti-union campaign, you might want to skip this module. Aims: To analyse and predict the employer’s anti-union campaign. To develop a plan to prepare workers for the employer’s anti-union campaign. Prepare ahead of time by reviewing and posting the work done by participants during the first module (“Organising Strategy”), where they predicted the actions that the employer might take. Work with union leaders to gather information about dues, strikes, union structures and policies, scare tactics, temporary fixes and any other information that the employer might use against the union during the organising. Gather information about any union consultants who might be used. Delete or add slides as needed. Look for the slides that do not apply to your situation, and delete them so that the materials will more closely match the experience of the participants. Activity: Planning for the employer’s anti-union campaign (slides 29-30) Small group discussion: 20 minutes Large group discussion: 10 minutes Time: 1 hour and 15 minutes (30 slides), more time if deeper discussion is needed. Information from the AFSCME (American Federation of State, County and Municipal Employees) booklet entitled “We Won and So Can You” was used in this module.

Point out to participants which section of the framework we will be discussing: “Employer’s Anti-Union Campaign”.

The fundamental conflict between labour and capital will usually result in some effort by the employer to keep workers away from the union. The employer’s actions may be subtle or harsh.

What might the employer do or say? Support workers’ efforts to organise Befriend workers Promote union supporters to management Give raises and make promises Increase discipline or fire union supporters Discredit union leadership Start anti-union “loyalty” committee (“yellow union”) Terminate unpopular managers Threaten to close the company Meet with the workers one-to-one Use physical violence Say “Give us a second chance, we promise to improve things” Say “We are all one happy family” Say “The union is the outside party” Say “It is not my decision” Say “You don’t need a union because you have a works council” Yell and intimidate Hire an outside anti-union consultant Other Refer to the results of the earlier discussion on this (during the “Organising Strategy” module). In the large group, small groups or pairs, review your picture of what the employer is likely to do or say. If there is no clear consensus, you might want to ask for a show of hands for which of these things the employer might do. If the only thing your employer will do is support the workers’ efforts to organise, you may want to skip this module. If you have a works council structure, the employer may tell workers that they do not need a union because there are works councils.

What can we do? Stay on the offensive. Keep the focus on improving working conditions, not on the employer’s messages. Strengthen the arbolitos (worker networks). Informed and involved workers are our best protection. Predict and explain the employer’s actions before they begin.

You might want to delete this slide if it is not applicable to your organising situation. You will want to try and predict what your employer is likely to say in as much detail as possible. This is an example of what a company, Scholastic Book Fairs, posted to try and prevent their truck drivers from organising with the Teamsters Union in the US. Sharing this leaflet (or something similar) with workers before the company posts it will reduce its effectiveness. This anti-union leaflet can instead be used as an outline of what the workers need to learn about the union so they are prepared for the employer’s “facts”.

What “facts” will your employer tell you about? What won’t your employer tell you about? • Dues • Strikes • Unions Discuss in the large group, in small groups, in pairs or individually, depending on the needs of the participants. In small groups or pairs, you can cover all three topics at once. If you want to deepen the discussion, take each topic one at a time.

The union will want to focus on: Improving working conditions Worker output

Compare these answers to what your employer might say about union dues Compare these answers to what your employer might say about union dues. You might want to discuss in the large group, in small groups, in pairs or individually, depending on the needs of the participants. Remind participants that the employer would rather focus on dues than improving working conditions.

Compare these answers to what your employer might say about strikes. You might want to discuss in the large group, in small groups, in pairs or individually, depending on the needs of the participants. Remind participants that the employer would rather focus on strikes than improving working conditions.

Compare these answers to what your employer might say about the union’s control over workers. You might want to discuss in the large group, in small groups, in pairs or individually, depending on the needs of the participants. Remind participants that the employer would rather focus on union control than improving working conditions.

Discuss what scare tactics your employer might use. You might want to discuss in the large group, in small groups, in pairs or individually, depending on the needs of the participants. Remind participants that the employer would rather focus on scare tactics than improving working conditions.

Discuss what temporary fixes your employer might come up with. You might want to discuss in the large group, in small groups, in pairs or individually, depending on the needs of the participants. Remind participants that the employer would rather focus on temporary fixes than real and long-term improvements in working conditions.

Don’t be defensive If you have already discussed the issues with workers, you won’t need to respond defensively to each employer “fact”. Responding directly to the employer’s issues can give them legitimacy and importance. If you have to respond, be clear, brief and positive.

Strengthen the arbolitos (worker networks) Keep focused on the undecided workers. Don’t alienate undecided workers by over-appealing to union supporters. You might want to remind participants that workers need to get information from someone they know and trust who is also informative.

The employer may pressure workers to stay away from the union and union supporters Encourage workers to keep in touch with the union, no matter what happens, as there will be a lot of misinformation and rumours. Gather any still-missing names and contact details of workers. It will be harder and harder to do as the anti-union campaign develops. If workers are fired or treated unfairly for supporting the union, it will be very important to maintain contact with them, so it is best to develop communications and trust before this happens.

Prepare workers for meetings with supervisors List what might be said. Plan together how to respond. Take turns practising, one playing the role of supervisor and one the worker. Supervisors may be trained to gather information from workers. Share only information that you want to go back to the company, no matter how friendly the approach. You might want to delete this slide if it is not applicable to your organising situation. Discuss in the large group, in small groups, in pairs or individually, depending on the needs of the participants. You might want to form small groups to practice preparing workers for meetings with supervisors.

Supervisors may be pressured to pressure workers “I was told to give overtime to anti-union employees who wanted it and to force overtime on pro-union workers.” “The company kept Black and Latino workers virtually separated. The word was that Black workers were going to be replaced with Latino workers, because Blacks were more favourable towards unions.” “The company ordered me to fire employees who supported the union, telling me it was either my job or theirs.” You might want to delete this slide if it is not applicable to your organising situation. This is testimony of a former company supervisor, Sherri Bufkin, speaking before the United States Senate. Discuss whether supervisors might pressure the workers during your organising. You might want to discuss in the large group, in small groups, in pairs or individually, depending on the needs of the participants.

Quote from a manual on “How to Keep the Union Out” “The first-line supervisors are the key to success. The basic reason… is that they are the primary point of contact with the employee… A supervisor has a lawful obligation to assist the company in its objective of remaining union-free.” You might want to delete this slide if it is not applicable to your organising situation.

Anti-union “loyalty” committee or “yellow” (company) unions Attacking workers in the anti-union committee can make workers fight each other instead of focusing on improving working conditions. Instead, keep the pressure on the employer. Demand a written commitment from the employer that they will not provide aid to a union. You might want to delete this slide if it is not applicable to your organising situation. Discuss whether the company might set up an anti-union loyalty committee or a “yellow” union. You might want to discuss in the large group, in small groups, in pairs or individually, depending on the needs of the participants. “Yellow union” is a term used to describe a union that is controlled by the employer.

Surveillance The employer may collect information about workers, including personal/medical information. Workers and their families may be followed. Encourage workers to tell their personal stories to their co-workers before an employer does. Remind everyone to focus on improving working conditions, not personal attacks and rumours. You might want to delete this slide if it is not applicable to your organising situation. Discuss whether your employer might use surveillance to pressure the workers. You might want to discuss in the large group, in small groups, in pairs or individually, depending on the needs of the participants.

Violence Share any history of violence. Predict what could happen. Prepare support teams in case of an emergency. Include trusted community leaders. Keep the arbolitos (worker networks) quiet and “underground”. If violence occurs, quietly and systematically continue organising. At the same time, prepare for public action against violence with ITF regional and global support. You might want to delete this slide if it is not applicable to your organising situation. Discuss whether your employer might use violence to scare the workers. You might want to discuss in the large group, in small groups, in pairs or individually, depending on the needs of the participants.

Talk to workers about fear “Fear is a small word with powerful meaning. We have all lived with fear. We always live through it. We are intelligent people who have educated ourselves about our rights. This is not a time to be manipulated, divided and oppressed by fear. We know what we need, we need to organise.” Manny Tavarez You might want to delete this slide if it is not applicable to your organising situation. Manny Tavarez is an American union organiser.

Could we face an anti-union consultant? Anti-union consultants or law firms can counsel or direct the employer’s anti-union campaign. The US’s $4 billion [£2 billion] union-busting industry is extremely profitable and growing globally. The Burke Group has 1,400 clients in 50 industries and 10 countries, including the US, EU, Canada, Mexico and China. You might want to delete this slide if it is not applicable to your organising situation. Discuss whether the company might use an anti-union consultant. You might want to discuss in the large group, in small groups, in pairs or individually, depending on the needs of the participants.

Signs of an anti-union consultant Increased training for supervisors Employee surveys on “organisational climate” Strategic, well-thought-out responses to the union Sudden increase in company social events Change in behaviour and attitudes of supervisors If union literature is left in the workplace, the company is more likely to contact an anti-union consultant. You might want to delete this slide if it is not applicable to your organising situation. A large company is more likely to have an anti-union consultant.

Expose the anti-union consultant You might send an open letter to the company, asking for: Names of any anti-union consultants Copies of any contracts A written commitment to refrain from such unethical practices Show examples of anti-union materials to workers. You might want to delete this slide if it is not applicable to your organising situation. The ITF can help you determine which anti-union consultant might be present, their fee structure and their anti-union materials from other campaigns. You may have a legal right to financial records, particularly if the employer is receiving public money or tax breaks. You might want to use humour: cookies with messages written about the workplace problems, wanted posters for the anti-union consultant, etc.

In summary Keep focused on the demand to improve working conditions. Informed and involved workers are our best protection against an anti-union campaign.

ACTIVITY: Planning for the employer’s anti-union campaign Aim: To develop a plan to prepare workers for the employer’s anti-union campaign. Tasks: Select a facilitator and timekeeper. Discuss what the employer’s anti-union campaign will look like. Review the work plan form. Prepare to share your ideas on how to fill out the form with the large group. This activity can be completed in small groups, in pairs or individually. Print one copy of this activity slide and the following slide (the work plan form) for each small group. Post completed activities so that you can refer to them. If the group is not yet ready to discuss a work plan on how to prepare for the employer’s anti-union campaign, use the activity to gather ideas for future use.

ACTIVITY - WORK PLAN FORM TO PREPARE FOR THE EMPLOYER’S ANTI-UNION CAMPAIGN Print one copy of this activity slide for each small group.

Anything else to discuss regarding the employer’s anti-union campaign? Ask participants if there is anything else we need to discuss, or if there are any questions about the employer’s anti-union campaign.