1. The Do’s and Don’ts of Union Avoidance Michael G. Trachtman Powell, Trachtman, Logan, Carrle, Bowman & Lombardo, PC mtrachtman@powelltrachtman.com www.powelltrachtman.com © 2001 PTLCB&L

2. Know your adversary It’s Not Like it Used to Be …

3. What is the Organizing Institute? The Organizing Institute was created in the fall of 1989 to promote and foster union organizing. In November of that year, we began holding weekend training sessions for people interested in becoming volunteer or full-time union organizers. Since then, we have developed a highly selective program to recruit and train a new generation of union organizers, to provide hands-on field training for them on union organizing drives and to facilitate job matches for graduates into full-time, paid positions as union organizers with unions affiliated with the AFL-CIO.

4. What is the three-day weekend session like? The three-day training is an intense and fascinating look at what it takes to be a union organizer. The trainings are led by organizers—known as teaching fellows—from among the unions affiliated with the AFL-CIO. Participants come from those unions as well as from campuses and community organizations. The talent and enthusiasm of the participants are a large part of the overall success of the weekend. During the three-day training, the teaching fellows assess the skills and potential of the participants, and the participants assess whether they want to pursue organizing, either as volunteers or as full-time organizers.

5. What happens during the 10-day orientation? The 10-day is an intensive introduction to the work on union organizing. The training combines classroom discussions and role playing exercises with time in the field learning one-on-one communication skills. Trainees visit workers at their homes and/or their workplaces and are given feedback by experienced organizers. You work 10 days in a row, with little time off.

6. What is paid for during the 10-day orientation? The Organizing Institute pays for and arranges round-trip transportation to the orientation site. The host union provides housing and transportation on the campaign site. Trainees receive a salary of $525 for the 10-day orientation.

7. What happens during the apprenticeship? After the orientation, you will be assigned to a campaign with a union. You may continue to work with the union that hosted your orientation, or you may work with a different union. As an apprentice, you are given responsibility for part of a campaign. You will work directly for an experienced organizer, assigned by the union, who will be your lead trainer. Sometimes that person is on-site and sometimes he or she is available by phone. Although you will fill out weekly reports and keep in contact with the Institute staff by phone, your primary training will come from the union's organizers.

8. What is the pay? Starting pay for union organizers ranges from $20,000 to $30,000 per year plus benefits.

9. "Taking Care of Each Other" _____________ Organizing For Better Jobs! This site is here to help you make an informed decision. Office Depot employees like yourself maintain this site. Any questions or comments are encouraged. Send them to: ODepotUnion@hotmail.com "In order for management to win they will have to mislead, lie, and decieve you; in order for the workers to win we only have to share the truth." Welcome Thanks for checking out the site. As many of you know the Office Depot employees at store 386 in Florence,AL are trying to form a union. It is our goal to assist employees in other stores into starting their own union campaign. There are many reasons we, the employees, are organizing. Of course we all know we are underpaid; with a union we will be able to negotiate for a Living Wage. Office Depot is a multi-billion dollar corporation who thrives off exploiting young workers. Haven't you ever wondered why a company that makes so much money pays you so little? Well, they can get away with it because we, the workers, aren't organized. Throughout history when people have been treated poorly they have joined together in groups to overcome their oppressor. The civil rights movement of the 50's and 60's would have never taken place if individuals didn't organize. You can't go at it alone. That's why we are "taking care of each other." Don't be fooled by Office Depot rhetoric. Office Depot is NOT one big "team" and it is NOT a "family." Would a "family" only let certain members have healthcare? (only full-time employees may recieve insurance) Since most of us are young, students or female, Office Depot thinks that they can get away with offering low pay, few benefits, and NO guarantee of a job. LET'S SEND A MESSAGE THAT OFFICE DEPOT EMPLOYEES ARE NOW "TAKING CARE OF EACH OTHER."

10. WHY DO WE NEED A UNION? Click here Third Parties in the Workplace?Anti-worker Law Firm for Hire The Bosses Union? Click Here News!News!News! Compare Your Salary Office Depot "legal team" Does Not Understand Alabama State Law Wal-Mart Workers Win Union! CLICK HERE Office Depot Anti-Worker Law Firm When employees attempt form unions it is common for employers to hire expensive law firms to "bust up" the union. These firms specialize in distorting laws which benefit working people. The hiring of these firms runs counter to Office Depot's belief that a "third party...could lead to disruption." While Office Depot feels that is best if the employees do not involve a "third party," they do not see anything wrong with the "involvement of a third party" for their purposes. Recently the organizing committee recieved an anonymous call from someone who stated that Office Depot has already made use of the law firm "Jackson Lewis." We have included a link to the website of Jackson Lewis so that you can see what they are really about. If anyone can verify the anonymous caller's claim please email us.

11. We Need Your Help We are asking for everyone who has any information about Office Depot to contact us. If you are an employee of Office Depot you probably know more than you think. If you have been a customer of Office Depot send us your thoughts. We want to know what YOU know!!! You can sign our guestbook below or email us. Thanks.email Know The Truth About Your Employment Status Here's what the "handbook" says regarding your benefits and employment status: "The information is general in nature and not considered to be all inclusive. Nothing in this handbook is a guarantee of continued employment nor does it constitute an employment contract. Office Depot management reserves the right to amend, modify, or delete from any policy or practice, in whole or in part, in individual cases or in general application, at anytime, with or without notice." As hardworking employees we deserve assurance that our jobs and benefits will be here tomorrow. Many of us are already denied certain benefits (e.g. Health Insurance) and we have no control over this. Don't take what you've got for granted, because it may not be there tomorrow. Remember the handbook says they "reserve the right to amend, modify, or delete" any "policy or practice."

12. Employee Not Allowed to Comment or Question After learning of our attempt to gain union recognition the mangement, along with the district manager and the human resources rep, held several "huddle meetings." After telling the employees how great of a job they were doing and how proud they were of us, they of course stated the official company stand regarding our exercising of our right to form a union. All employees sat quietly as they explained our rights to "not sign authorization cards." However when they finished, an employee attempted to clarify some of their statements. After the employee explained the actual cost of dues, made a remark that the gains made with a contract more than make up for the cost of dues, and stating that the union cannot fine you, he was promptly interupted by the district manager who said, "I think we have heard enough." The employee then stated that he was sure that the other employees would like to hear the rest of what he had to say. Again the district manager said "You've had your chance" and then dismissed the employees. Office Depot claims to be an "Associate oriented environment", yet "associates" are shut out discussions which impact on themselves. What is it that they don't want you to hear? Is this really an "associate oriented environment?" Is this democratic? Click here to read the misleading anti-union letter issued by OFFICE Depot Click here to read our open letter to management

13. How will I know if a union is trying to organize us? n “Pregnant” questions n Discussions that break up when you are around n Activity in or immediately outside parking area n Authorization cards

14. Are there things I could say or do that could get us in trouble? n Most important: Conduct during the “critical period” between the filing of the representation petition and the election n Interference with election’s “laboratory conditions” can lead to u New election u Forced company statements u Bargaining order n USE COUNSEL. You can wage a vigorous campaign, but you must strictly adhere to certain rules.

15. Can non-employees come on our property? n You can prohibit solicitation by non- employee organizers on company premises if the union has reasonable alternative channels of communication to reach employees n Ability to meet employees outside of gate is reasonable channel of communication n But check state law -- some states permit free expression on some private property

16. What rights do employees have to use company property for union organizing? n Employees have the general right to distribute union literature and discuss unionization on company premises, so long as it does not interfere with work duties or violate a lawful no-solicitation rule

17. When can solicitation be regulated or banned? n If necessary to maintain production, order or discipline n Solicitation can be limited to reasonable times or places u Working hours v. non-working hours u Working areas v. non-working areas n Must apply restrictions to all solicitation activities, not just pro-union activities u If others can’t use company bulletin board, neither can union u Impose restrictions at first sign of union interest? n Check on state laws

18. Can you ban off-duty employees from company property?  Limitation must apply only to interior of plant and other working areas -- cannot ban access to parking lots, gates, non-working areas without business justification  The rule must be disseminated to all employees, not just pro-union employees  The rule must ban access for all purposes, not just union activities n If others allowed access to company bulletin board without pre-approval, must also allow union notices

19. “T-I-P-S”… Some things you can't do n Threatening employees for engaging in union activity n Interrogating employees about union activity. No individual questioning, no “straw polls” n Promising anything to discourage union activity n Spying or creating the impression of spying on employees engaged in union activity

20. “F-O-R-E”… Some things you can talk about n Facts about the union n Opinions about the union n Explanations of rules governing the election process n Experience with unions

21. Permissible campaign methods n Handouts – fact sheet, FAQ’s n Literature in pay envelopes n Speeches in the plant (24 hour rule) n Bulletin board notices n Sample ballots n Letters to employees at home n Movie n Use of supervisors – after training

22. Opinions and predictions n Unlawful threats v. lawful predictions n Unlawful promises v. lawful predictions n Is the prediction beyond the company’s reasonable control? n Is the prediction based on verifiable facts? n Or is the prediction really just a promise to retaliate if the union wins the election?

23. Predictions that caused trouble n “We will not work with a union. There are other options for the company” n “If you go on strike, you’ll lose your jobs” n “With this union, there will probably be a strike and the plant will shut down” n “We know who the union supporters are. We have long memories” n “If the union wins, we will cut wages and bargain from there” n Be careful: Plant will have to close or move n Be careful: There will be less work, overtime

24. Predictions that did not cause trouble n Written materials showing job losses attributed to unionization based on studies n Factual analysis of possibility of plant closing n “We will bargain, but having a union does not guaranty you anything. Wages could go up or down” n “If the union comes in, we will no longer increase wages voluntarily” n “No more open door policy. Everything will have to come through the union.

25. “Facts” about unionization… You can say it if you can back it up n Impact of dues n How the dues are spent n Impact of union rules, fines n Impact of strike n Effect on company’s future business n No more individual bargaining n We will bargain from scratch, no guaranties

26. Once the battle begins, be careful of good deeds n Soliciting grievances n Solving longstanding problems n Promising or implementing increases in wages or benefits, improvements in working conditions u Permissible if planned before company was aware of union u Permissible if mandated by competition, other business conditions u But you better be able to prove it n Be careful: withholding what was previously promised and scheduled

27. Unlawful union tactics n Its much more difficult to set aside an election based on union misconduct, but look out for … n Threats of violence n Implications that union supporters will get better treatment if union wins n Appeals to racial prejudice n Explicit or implicit bribes n Promises to waive initiation fees if employee signs authorization card n Lies about what will happen to company business without union n Lies about union finances, policies

28. SALTING Do you have to hire the enemy?  The sneak attack  “I’m a union organizer. Hire me.”  You’re damned if you do and damned if you don’t  The solution  Establish policies on who does and does not get hired  Apply the policies consistently  Check references and background

29. What to do if presented with authorization cards n Never agree to look at the cards u If it appears that a majority has signed, you must recognize the union u You don’t want to know who signed n Never engage in a dialogue about majority status; refer all such contacts to management n “We do not recognize your majority status.” Union then has to file a petition with NLRB u 30% rule

30. If you remember nothing else, remember this n No threats about what will happen to employees if union wins n No promises about what will happen if union loses n You can make fact-based predictions n You can make vigorous, persuasive statements and arguments based on facts n No surveillance, polling or interrogation about union sympathies n Take your lawyer to lunch every day