LABOR RELATIONS

Although union membership has declined substantially over the last three decades, they are still a significant part of the the business environment. There is what is called a "spillover effect" which means that companies often offer pay, benefits, and working conditions that rival union shops even when there is no union in the company. Companies who want to remain union free must manage in a way so employees do not see a need for collective action. Keep in mind that any company that currently has a union present probably deserved it. When you look at their history, there is usually a reason or reasons why employees felt the need to organize.

As a manager, there are some actions which you are prohibited from doing during the organizing process (see the Wagner Act or NLRA of 1935). A handy mnemonic TIPS is one way to remember what not to do. You should not Threaten, Interrogate, Promise, or Spy on employees who may be seeking a union election. Once a union does get voted in, then you must bargain in good faith. While the Wagner Act specified unfair management practices, the Taft-Hartley Act of 1947 provided some restrictions on unions including the possibility of Right-to-Work options.

Currently, in Kentucky, if a union is representing employees at a company, there may be a union shop which means that new hires must join the union within a specified period of time after starting work. However, if the state has enacted Right-to-Work, then workers may opt not to join the union or pay dues. Recently several counties have tried to pass their own Right-to-Work laws but the legality of these without state support has been questioned.

So, here is the question for you to answer: Should Kentucky become a Right-to-Work state? As always, defend your position.