Federal Law > Unions > Guidelines for Employers Anticipating Labor Disputes

Guidelines for Employers Anticipating Labor Disputes

 

GUIDELINES FOR EMPLOYERS ANTICIPATING LABOR DISPUTES

1. Pursue a "business as usual" attitude by avoiding any incidents with the striking employees.

2. Designate a company representative to handle media inquiries.

3. Stockpile company product or work overtime to produce services to assist in "waiting out" the strike.

4. Notify any suppliers and deliver entities about the potential for a labor dispute and ascertain their positions. If they refuse to cross picket lines, other vendors should be procured. Give such vendors appropriate telephone numbers for communication with the company. Arrange for off site pick up.

5. Establish residential phone numbers for firm management and employee lists with "pyramid phone tree" calling techniques to arrange the details of employment.

6. Establish alternative pick-up and delivery points for company products and supplies. Inform vendors and management personnel of the rotating schedule for these pick-up points.

7. Contact security services to oversee the companies facilities and grounds. Insure that these investigative services have monitoring devices and good personnel to provide adequate and effective security and evidence in the event ULP's are filed.

8. Arrange for employee pick-ups at various locations to enable new labor personnel to enter the plant facility via a pre-arranged meeting place. Work force convoys are helpful.

9. Criminal statutes should be consulted and legal counsel should be available to company personnel and security services to assist in the evidentiary process.

10. Company equipment and vehicles should be properly obscured from the view and access of striking employees.

11. Unlisted phone numbers and communication techniques may be necessary depending upon the level of emotion displayed in the picketing.

12. Immediately issue paychecks for all earned compensation and accrued benefits to striking employees including insurance cutoffs with certified correspondence outlining appropriate rights of insurance conversion. Employees should also be advised to pick up personnel items at a specified location as the company cannot be responsible for lost or missing items.

13. Contact your state unemployment agency immediately after the strike commenced to notify the agency of the ineligibility of the striking employees.

14. Arrange to secure a pool of qualified labor applicants. Pay particular attention to accessible and available "friends" of the company to enable a smoother transition.

15. Prepare a comprehensive list of available police and security personnel. Notify appropriate police department heads of the inception of the strike and the necessity for close communication between the company and the police department.

16. Have company draft appropriate telegrams to unions and police department concerning establishment of separate gates with clarity concerning eligible entrances at each gate. Such notices should be mailed to appropriate union locals as well.

17. Replacement employees should be given written confirmation of their status as permanent replacements as defined under federal labor law with a signature of the employee acknowledging his/her hiring status.

18. While notifying the striking employees of the termination of their benefits and wages, great care should be taken to insure that they are not informed that they have been terminated. Discharging a striker will produce conversion of an economic strike to a ULP if strikers are terminated rather than permanently replaced.

19. After permanently replacing striking employees, unconditional offers to return will be accepted by the employer for positions which have not been permanently filled (economic strike).

20. Correspondence should be directed to the union indicating that strike misconduct is not condoned and the company will take appropriate action against striker picket line misconduct including disciplinary action against striking employees.

21. Striking employees who wish to return to work and cross the picket line may be instructed to send correspondence to the union.

22. Any employees engaging in wrongful picket line misconduct should be notified immediately by telegram of their suspension pending advisability of discharge. Specifics relating to the acts in which they have been engaged in should be listed briefly.

23. Comprehensive forms should be drafted for company security personnel to report acts of misconduct, including the time, date, agency, manner in which entrances were blocked, etc.

Login to read more.

Related Articles

12/14/2017 NLRB General Counsel Issues Memo Asking for Review of Many Obama Board Decisions
10/10/2017 President Trump Nominates New NLRB General Counsel; Majority of NLRB Has Now Changed
01/31/2017 President Trump Names Lipnic to Head EEOC and Miscimarra to Head NLRB
01/09/2015 NLRB Charges McDonald's as a Joint Employer with its Franchisees
09/12/2013 NLRB Launches Mobile App with Information About National Labor Relations Act
02/01/2013 Now What? D.C. Circuit Rules Appointments to NLRB Unconstitutional
09/01/2011 NLRB Issues New Posting Rule on Notification of Employee Rights Under NLRA
02/01/2011 Proposed NLRB Notice Could Cause Uptick in Union Activity
01/31/2011 Jackson Lewis Submits Brief Urging NLRB to Limit Union Access to Employer Property
01/27/2011 NLRB Advises Attorneys General in Four States that Secret-Ballot Amendments are Preempted by Federal Labor Law
01/22/2010 EXECUTIVE ORDER 13496: Are You Prepared to Post a Federal Notice Encouraging Your Employees to Organize?
04/07/2009 NLRB Establishes Permanent ADR Program for Settling Unfair Labor Practice Cases
 

HR CARE®
MEMBER LOGIN

Username: *

Password: *
Accept terms *
Login failed.
 
copyright 2000 - 2018 Curtis Communications, Inc. All rights reserved. | Access to the HR Care publications is subject to certain terms and conditions.
Learn about our online compliance training at www.hrclassroom.com