Covert union avoidance strategies

Academically speaking, what common management best practices are there to deter workers from organizing a union? — Paper Crane.

- REY ELBO

Unfortunately, many of these “best practices” are legally questionable, if not outright illegal. Also, they have been silently considered ethically questionable by some human resources (HR) professionals.

I know because I was in a situation where at least three of my prospective employers asked me about my feelings about unions during job interviews. I was flatly rejected when I said I support the establishment of a union, if that’s what the employees want.

At one time, I was asked about how to bust an existing union. I politely ended the job interview. Even today, many of my HR friends still consult me on how to handle those unethical job interview questions as some employers try to explore such actions with their current and prospective HR people.

UNION AVOIDANCE TACTICS

Almost all of these management tactics may constitute unfair labor practices (ULPs) which must be proven in court. They are called gray areas by HR people (sometimes black), which makes it difficult to prove:

One, locating operations in some export processing zones (EPZs). This is preferred by factories that seek out locations with a weak union presence. Some EPZ authorities even silently promote their location as such, promising that they discreetly discourage union formation.

Two, fragmenting or dislocating the workforce. Organizations would prefer hiring only workers from cooperatives or manpower agencies, even if the work to be done is for regular workers. If not, they cycle through the hiring of project-based employees.