HomeMy WebLinkAbout#10 Union DiscussionRELEVANT LINKS:
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Between the time of the unit determination and the union election, the
employer may campaign in favor of remaining union free (i.e., against the
election of the union). However, there are several important restrictions on
how the campaign can be conducted and what the city can say. The city's
campaign can consist of both written materials and meetings with
employees. Any written materials or information that the city is
considering providing to employees should be reviewed by a labor
attorney experienced in public sector labor issues. Also, the city should
keep in mind that is could be challenged as to whether an expenditure of
city funds to provide such materials has a "public purpose."
The city cannot:
• Make threats against employees for voting in favor of a union (e.g.,
"The city will have to lay off some jobs if a union is voted in.").
• Make promises (e.g., "The city will give larger -than -normal increases
next year if the union is voted down.").
• Discharge or discipline an employee because of union activity (this
could include a layoff unless a legitimate business purpose has been
identified AND the plans were in progress before the union organizing
began; the city should definitely consult with an experienced labor
attorney before attempting a layoff during or immediately after a
union -organizing campaign). Recognize that employees have
significant protections to discuss terms and conditions of employment,
and maybe able to communicate in what may appear to be a
disrespectful or offensive demeanor regarding working conditions.
• Question an employee regarding his or her actions or opinions.
• Spy on union activities, nor ask about union matters, such as meetings
• Discriminate either in favor or against based on union activity (e.g.,
give a better shift to employees who have expressed a negative
viewpoint about having a union).
• Ask employees when they are hired or after hiring whether they belong
to a union, carry a union card, or have ever signed a union
authorization card.
The city and its management employees can, however:
League of Minnesota Cities Human Resources Reference Manual 12/31/2015
Labor Relations Chapter 6 , Page 40
RELEVANT LINKS:
Minn. Stat. 1 79A.06 subd. 2.
• Listen to (but don't solicit) information from employees if it's
voluntarily given, but discourage disclosure of names of union
advocates.
• The City will want to enforce rules uniformly, without bias, and in
accordance with past practice, regardless of an employee's activity in
the union organizing campaign but be prepared to justify any action
taken against a union supporter.
• State their opinions about unions provided such statements are not a
promise or threat (e.g., "I believe the city has done a good job of
compensating and rewarding its employees." Or, "The city's current
pay and benefit structure compares very favorably to cities that have
unions and you do not need to pay dues.").
• State any factual information (e.g., "The union you are seeking charges
dues in the amount of $ ."). You can explain to employees they
will be required to pay "fair share" dues even if they do not wish to
join the union.
Tell employees the city prefers to deal with them personally on a one
to one bases, rather than settle grievances through a union or other
outside agent (e.g., "The City of X prefers to work directly with its
employees because we believe the voice of each individual employee
is important.").
• Tell employees about the current benefits they enjoy without making
promises or threats about future benefits (e.g., "Currently, City of X
benefits are among the top 5 percent compared to cities of similar
size.").
• Tell employees that no matter how they vote, the decision will not be
held against them with respect to future wages or promotions.
• Tell employees that if an election takes place, the election is by secret
ballot.
• Explain to employee that the mere election of a union does not
guarantee any specific change. Instead, the city will negotiate with the
union on all terms and conditions of employment.
League of Minnesota Cities Human Resources Reference Manual 12/31/2015
Labor Relations Chapter 6 I Page 41