GB541: Employment Law – Union Avoidance Plan

Unions have tried to come in to control and ensure that there they get part of our workers to join their union. They have used various strategies like calling on the workers to join unions. Many employees may want to join the unions because they are duped into believed that their terms of employment would be changed greatly especially in terms of remuneration (Fuentes, 2014). Unions have usually sought to disturb the running of a business and mostly tend to focus on meager issues that may affect the operation of a company. Such action especially industrials strikes usually take place and disturbed the working of the company. The company thus usually suffers from the time lost in dealing with various industrial actions by employees and trying to call off the strike. The company thus loses a lot when joining unions and it is therefore important for companies to have their own ways of dealing with workers than dealing with union that are usually detrimental to the company’s progress though may try to help the workers.

The Landrum and Griffin Act has been instrumental in boosting of growth and development of trade unions in the United States. Most union usually sought the political so that they could have more bargaining power to fight for their causes. Many unions at present have merged to come up with one body that fights for them all. The national labor relations act has been instrumental in ensuring that the unions are watched closely to prevent them from overstepping their mandate especially concerning the various laws affecting the employers and employees (Fox, B & Fox, M., 2014) The Wagner Act contributed greatly to union development in the United States and, therefore, the laws in place protected the unions. Even though the unions may not be recognized, the company has to obey the labor laws in place. The company has been doing that since its inception and has treated employees in the way that they deserve. There are many impacts that have affected the union and worker landscape. Employers have unanimously come up with various strategies that have helped them in dealing with unions.

There have been strategies that would help in dealing with avoiding unions by employers. Most organization in dealing with union avoidance have been to avoid totally unions, invoke labor laws, human resource strategies, and the effects of political actions.

Declining membership of workers in unions

Declining the membership in unions is a strategy that companies can adopt especially regard to their workers. Unions have mostly used the philosophy of more people against one individual in dealing with workers problem in certain companies. Such is the strength of unions and many workers may usually want to join unions to help in their question for better-working conditions. Unions have thus used most of their numbers to fight for higher salaries. Unions are currently using various strategies in fighting for the members, which includes collective bargaining for their members. The new changing business and thus industrial climate have changed matters for the unions that have bene instrumental in bargaining for workers and winning them over. The outsourcing has greatly affected unions in that they have lost most of their members which means that they can’t bargain for only a few people or none at all (Egels-Zandén & Merk, 2014). The different changes occurring economically in the United States, especially as more industries, opt for outsourcing greatly affected trade unions and in some cases rendered them redundant. The most union thus focused on shifting to contract negotiation and collecting bargaining. Most manufacturing industries have many workers that may want to join unions or are already in the various unions through the use of technology greatly replaced workers in those industries. The number of workers in the manufacturing had reduced greatly as a result. Therefore, they have a resultant reduction in union representation. Services industries increased greatly though they did not have much union representation.

Human resource and human resource strategies

The National labor relations act brought strength to unions and therefore employers could not avoid them. Employers sought out various ways to find loopholes that could help them curtail union activities in their organization. The human resource department has done much research to come up with ways that can increase workers allegiance to the company and that include motivation, sociology and psychology of workers and effective communication between employees and the management. A lot of research has thus been conducted on labor unions and how they deal with the various problems facing workers and their quest to fight the various problems facing the workers. Human resource exists to ensure that the workers are given satisfactory treatment by the management and that their grievances are heard and dealt with (Cullinane et al., 2013).

As such, the human resource aims to find out ways of dealing with any conflicts in the companies and ensure that the workers are in a good position to worker normally. Most human resource department study employees and choose those that will able to stay in the company especially finding the place where they can get such a labor force. The company recruits various people and gives them a choice of either staying at the company if they are satisfied with the work condition or seek employment elsewhere if they are dissatisfied. Therefore, under the human resource management, the recruitment process helps come up with a workforce that is taken into the company after agreeing with the requirement of the company and thus does not provide any space for unionization of workers. The company thus furthers its agenda of having no union and even makes sure that the employees know the company’s stand on unions.

Labor Laws

The company can make use of labor laws in a manner that will enable them to benefit more and not be on the losing side especially to unions. In such cases, the management seeks to have more power at the workplace even though there are unionized employees at its workplace. Though National Labor Relations Act provide protection to unions, different employers have sought to have a shift in the balance of power by lobbying Congress. The enactment of Taft-Hartley Act has given more power to employers and has been anti-union (Jones, 2013). Management was free to voice their opposition to unions and employ various strategies that are anti union.

The management should therefore not voice their anti-opinions to the extent that they violate the union sentiments pointed out by the union members. Most strategies employers are those that involved court battles and that usually take a long period, which facilitates the withdrawals of the unions due to lack of resources. Therefore, the union may further opt to leave the issue of the workers to the management. As such to prevent such court battles the unions is forced to use other measures that include arbitration that has been allowed in the labor laws. Therefore, the management and the unions meet and agree on the way forward. The management, in this case, has an edge in ensuring that they come to an agreement that suits the company. The arbitrator’ decision are binding and usually help in making decisions regarding labor relations that are between employers and employees.

Political Action

The government has a great impact on the relation labor environment in the country. Trade unions have gained support directly from the presidents. Such cases were evident during the presidency of President Roosevelt and the beginning of unionism in the United States. The Republicans have been more anti-unionist than other parties have. Most governments have not supported labor movement. The national labor relation act has not greatly helped matters in dealing with unions since most of those board members hold anti-union stances (Donaghey et al., 2012). The corporate world has greatly lobbied the Congress to suit their interests over unions and have mostly used influence to labor union relations favor them. The unions are not in a position of having a bargaining power with the employers since most of the companies are well established financially. Unless the labor unions can come up with resources to help in influencing leaders.

In influencing the government, they make sure that there has an upper hand in dealing with trade unions. Therefore, most of the problems the labor unions is facing are related to the action taken by the government over a long period. Labor unions, therefore, have to fight the various stifling laws and regulations set in place to be able to succeed in the fight for their employees. As such, labor unions are powerless as the corporate world continues to lobby government support to shift power to their favor. Employers have thus succeeded in dealing with teh unions which have disturbed them. teh incusion of politics in dealing with teh unions has borne fruits by various laws that have given employers more power to act on teh varoius union issues. as such the unions have made teh situation employees become more grave than was expected before. Some owkers are even paid lower than waht the unions demand.

Therefore, the avoidance will focus on declining membership to unions and coming either up with better workplace conditions that twill ensure that the workers choose to work in the company and thus stay in employment or opt out if the conditions proposed are not to their liking. As such, the company will give the employs options, also use various motivations that will help in retaining the employees, and prevent any unionization-taking place in the company.

Avoidance Strategies

The avoidance of unions at the workplace involves the eliminating a union that has been formed in the company and the second is to prevent the formation of a union. Most employees may want to be recognized as a grouping especially that can be unionized and the management should refuse such tactics by the employees from the onset. The company can further opt to influence the election process. The next step is usually to have an election process by the National Labor Relations Board, which is facilitated by NLRB officials. Therefore, most workers and management will have to go through a harrowing process that affects the company greatly since all parties want to win. The company can use internal tactics or strategy hiring of its employees. Strategic will involve taking in those employees who subscribe to the companies goals of not have a union for the presentation of the workers. Those who agree are allowed to stay while those who do not are given the option of leaving the company.

Internal tactics with thus involving the use various strategies to change the perception, intentions, belief system and actions towards engaging or joining unions. The company can use manipulation, coercion or persuasion to achieve its purpose. Such measures are usually short term since employees may regroup and try to form a union. Employers usually try to create an environment that looks dynamic for the workers, but the worker may soon realize that the union offers are better. The internal tactics usually focus on the perception of the employee at the workplace. Therefore, the employ can decide to implement several measures that benefit the employees, and this makes them satisfied for some time. External tactics, on the other hand, focus on ensuring that the measures put in place prevent any formation of union permanently or in the end. The focus of external tactics is to alter, intercept or filter influences that are undesirable and thus prevent any unionization from taking place. The employers can choose to take strategic action against supporters of unionization and try to diffuse all actions of agitation. The employer in such cases can employ illegal actions like bribery, filling ballot boxes, altering grievance procedures, intimidation and not providing lists for payments and benefits.

The management can adopt such measure to ensure that the employees remain in the company in strategic hiring or use such measures as internal or external tactics to deal with the formation of unions in the company. The employer thus ensures that his workers remain union free in the course of employing them. The employers can use various employment options like contract employment, outsourcing, part time and on-call employment basis. There have been increases in the employees working under contracts, outsourcing and part-time employment. Such options bring about low job security and further use of labors laws to their advantage. Employees working on part time or contract basis do not have to pay any benefits to any company and, therefore, the employee does not have to pay any benefits about the employee’s welfare. Increasing more employees on a part-time or contract basis will prevent and lessen any formation of the union in the company since few employees will be left either as permanent and cannot have a bargaining power to level out their issues with the company. Contracting workers is a cheaper option for employees, and, therefore, many employers find it most convenient to use such strategies and, therefore, prevent the involvement of union in their organizations (Skocpol, 2013).

Another union avoidance tactic will be to employ quality of work life. The strategy involves the employer who ensures that there are measures in place to increase the sense of belonging among the employees. It is a long-term measure that is used to prevent the formation of a union in the company.

As such, the company can use the various strategies in dealing with the employees and coming up with solutions that will help the company go forward. The employers have a more bargaining position than before and can change teh situations to suit their needs especailly in union avoaidance.


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