Union Avoidance
The Union Avoidance Practice Group represents public and private employers who wish to establish and/or maintain a union-free workplace. Our union avoidance attorneys have more than 100 years of combined experience in over 600 campaigns combating union organization efforts on behalf of contractors, hospitals, government, schools, manufacturers, transportation and distribution companies, retail establishments, and a wide variety of service companies.
Our client services include:
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Conducting programs that assist employers in developing effective strategies for remaining union free.
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A Remaining Union Free Seminar and Strategy Seminar: This seminar addresses union resurgence, local union activity, organizing tactics, organizing targets, early warning signs of union involvement, lawful employer counter measures, effective personnel policies and practices and an employer’s legal rights.
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Hiring Practices: This program focuses on the development of lawful hiring practices and objectives to meet an employer’s hiring needs. Members of the Union Avoidance Practice Group will review an employer’s application forms, interview procedures, and job posting procedures, and revise or update them as needed. In addition, we will train management personnel regarding effective hiring practices with the goal of improving their ability to evaluate information provided on the job application form, perform meaningful reference checks, and conduct effective interviews.
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Employment Audit: This program focuses on the development of lawful, positive employment practices that allow an employer to effectively manage and retain its employees to meet the organization’s goals. We will review and evaluate the employer’s current employment practices and policies, including employee handbooks, evaluation forms, work rules, corrective action process, and fair treatment or grievance procedure.
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Supervisor Training: This program is designed to provide an employer’s front line supervisors and/or managers with the training necessary for lawful union avoidance. Front line supervisors/ managers must know what they can and cannot say about unions and unionization, and they must communicate effectively with the employees they oversee. We train front line supervisors/managers in these areas.
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Counseling employers on how to effectively exercise their legal rights in the face of aggressive union tactics including:
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Resisting union salting campaigns
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Defending against unfair labor practice charges
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Litigating against union requests for injunctions
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Pursuing remedies for public union misrepresentations
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Counseling employers facing union organizing drives:
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Training supervisors
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Advising employers how to lawfully communicate critical facts about collective bargaining, union dues, membership obligations, strikes and shutdowns to all employees
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Helping insure that campaign handouts, postings, speeches and videos are lawful
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Overseeing the election process and helping insure the legal conduct of the union and the board agent
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Responding to union requests for information
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Surviving a strike and turning it to the employer’s advantage
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Establishing proper and effective employment practices
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Counseling employers whose employees choose to cease being represented by a union
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Decertification
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Employee polls
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Withdrawal of recognition