Confessions of a Pair of “Union Busters”
By Richard Hankins, Kilpatrick Stockton Labor Attorney
As the Senate Health, Labor, and Pensions Committee holds a Hearing on the Employee Free Choice Act on Tuesday, March 27, we will no doubt hear EFCA proponents complain that employers hire lawyers and consultants to help them during union organizing drives. Labor supporters like to call those lawyers and consultants “union busters,” presumably because they believe that term conjures up images of unethical and immoral conduct.
I like to think that most of the union officials I’ve had dealings with over the years would not consider me to be a “union buster.” But I acknowledge that some people do -- I’ve been called that and much worse in some of the emails I’ve gotten since this blog started.
In the current issue of West HR Advisor, an article by Maureen Minehan entitled “Experts Advise Employers To Act Now on Employee Free Choice Act,” quotes two of those management lawyers on what employers should do if they want to avoid unionization. I was one of those lawyers, and the other was Seth Borden of the New York firm Kreitzman Mortensen & Borden. What did these “union busters” advise?
Hankins: "The best way to stay union-free is to be a good employer. If you don't listen to employees, they will find a union that will."
Borden: "Operate in a way that's fair to employees and constantly communicate with them.”
(For the time being at least, the article is available HERE.)
These are hardly the kind of “sins” that burdened Martin Levitt to pen his 1993 book, Confessions of a Union Buster.
Jen Jason, one of those demonized “union busters,” has been a frequent subject of attack since her February 8, 2007 testimony before the House Subcommittee on Health, Employment, Labor, and Pensions. (Read the testimony HERE). Unlike Mr. Levitt, who has been a darling of the labor movement for over a decade as a result of his transition from management lawyer to union activist, Ms. Jason has been a target of labor's scorn since she left her job as a union organizer and started a management consulting business.
She’s been accused of being a “"Turncoat Organizer [who] Drowns in Corporate Cash.” She was snidely accused of having a conflict of interest by a Labor PAC-dependent Congresswoman. (Video HERE). And her sexual orientation has been belittled, of all places, on leading liberal blog DailyKos.
Here’s what Ms. Jason’s organization, Six Questions Consulting, LLC, has to say about their “anti-union” tactics:
As part of Six Question’s comprehensive strategies, our consultants work with our client's management and employees to develop a workplace that empowers workers during the course of their career with the company. Our approach includes:
- Award and benefit programs.
- EEOC and OSHA.
- Worker Associations.
- Diversity training and ambits systems.
- Channels for employee feedback.
- Worker education on “best place to work” points
One key approach to our success is facilitating worker satisfaction with her job, managers and company; a worker who feels a personal stake in the welfare of his company is the best insurance against third-party interference. We work to ensure that the vision for your corporate culture is achieved at every level of the organization, and that communication flows vertically.
Thank you for reading. I feel much better having finally come clean.
EFCA Updates
in Employee Free Choice Act
|
Comments Off