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Friday, May 20, 2011
Policies That May Help Prevent Union Salting
As organized labor struggles to remain relevant in the 21st century, unions are using ever more aggressive tactics. Salting is a tried and true method that construction unions continue to use to tilt the level playing field of America’s free market system.
Unions may use salting to achieve two different goals: either to “infiltrate” a non-union company in order to organize its workforce, or to goad a construction company into committing an unfair labor practice. The tactics haven’t changed much over the years because they’re effective and because bad public policy protects the methods used. Typically, a “salt” (so named because one or a few of them among your loyal workforce has the same effect as sodium chloride in your well) under the auspices of the local trade union, will visit the contractor’s headquarters to apply for a job, usually without revealing his or her union affiliation. While on the job the salt will sneak around the jobsite, ferreting out as much information about the company and its employees as possible.
While union organizers often publicly caution their salts never to commit sabotage, steal, lie, or cheat, as does one local of the International Brotherhood of Electrical Workers, they are just as likely to provide tips on exactly how to go about committing these reprehensible acts. The same website advises salts to “get a list of all employees, or make one of your own. If you can, try to include home addresses and telephone numbers.” Where is the spy likely to find this information? In the company’s confidential personnel files, of course.
When applying for the job, the union says the mole should “avoid obvious references to Union jobs in your resume…. If it’s obvious that you’ve worked at a union company, be prepared to give a believable explanation as to why you’re applying for a non-Union job.”
Notice the accepted union plan is to provide plausible explanations and to purposefully omit relevant information; that is, to find ways around the truth.
Perhaps in acknowledgement of unions’ status among loyal, hardworking employees, the site also advises salts, “Don’t tell your co-workers that you’re a Union member or a salt. You want to be seen as being an ordinary worker” rather than someone whose goal is to boost union membership rolls and coffers instead of putting in a fair day’s work for a fair day’s pay.”
More typically, the union’s plan in a salting campaign is to make a case for an unfair labor practice charge against a target non-union company. That is, to harass the company and its management simply for being in the vast majority and choosing to remain an open shop. To do this, the union might send a member to apply for a job while making it obvious she or he is affiliated with the union. The applicant may wear a union shirt or hardhat sticker, may even state outright his intention or may include union organizing experience on her job application. If the applicant is not hired for any reason, the union takes its case to the National Labor Relations Board accusing the company of discrimination based on union membership.
Incredibly, these schemes are protected, despite common sense arguments against that protection. Why should an employer be forced to hire someone whose stated or covert objective is to work counter to the employer’s desires? Refusing to hire a salt would not infringe on current employees’ rights to organize. Nevertheless, given the current law, there are some measures non –union contractors can take to protect their open-shop status.
While not intended as legal advice to prevent salting (always consult a labor attorney) some companies have instituted policies that have met with varying degrees of success while not running afoul of union rights. Here are some ideas worth considering:
• Insist all employment applications be completed on site or in front of an officer of the company. This will prevent a salt from making dozens of copies, distributing them to fellow salts for completion, and flooding the company with union-affiliated applicants, increasing the potential for unfair labor practice accusations.
• Prohibit disclosure of information not requested. Make it clear that just like religious affiliation, ethnic background, etc., you do not want to know about an applicant’s “volunteer” union organizing work history.
• Make it a policy not to accept photocopied or faxed applications in place of the application.
• Keep accurate records of interviews so legitimate reasons for not hiring an applicant can be cited (acceptable reasons may include poor hygiene, insubordinate attitude, etc., which union lackeys may effect to ensure they don’t get the job.)
As organized labor struggles to remain relevant in the 21st century, unions are using ever more aggressive tactics. Salting is a tried and true method that construction unions continue to use to tilt the level playing field of America’s free market system.
Unions may use salting to achieve two different goals: either to “infiltrate” a non-union company in order to organize its workforce, or to goad a construction company into committing an unfair labor practice. The tactics haven’t changed much over the years because they’re effective and because bad public policy protects the methods used. Typically, a “salt” (so named because one or a few of them among your loyal workforce has the same effect as sodium chloride in your well) under the auspices of the local trade union, will visit the contractor’s headquarters to apply for a job, usually without revealing his or her union affiliation. While on the job the salt will sneak around the jobsite, ferreting out as much information about the company and its employees as possible.
While union organizers often publicly caution their salts never to commit sabotage, steal, lie, or cheat, as does one local of the International Brotherhood of Electrical Workers, they are just as likely to provide tips on exactly how to go about committing these reprehensible acts. The same website advises salts to “get a list of all employees, or make one of your own. If you can, try to include home addresses and telephone numbers.” Where is the spy likely to find this information? In the company’s confidential personnel files, of course.
When applying for the job, the union says the mole should “avoid obvious references to Union jobs in your resume…. If it’s obvious that you’ve worked at a union company, be prepared to give a believable explanation as to why you’re applying for a non-Union job.”
Notice the accepted union plan is to provide plausible explanations and to purposefully omit relevant information; that is, to find ways around the truth.
Perhaps in acknowledgement of unions’ status among loyal, hardworking employees, the site also advises salts, “Don’t tell your co-workers that you’re a Union member or a salt. You want to be seen as being an ordinary worker” rather than someone whose goal is to boost union membership rolls and coffers instead of putting in a fair day’s work for a fair day’s pay.”
More typically, the union’s plan in a salting campaign is to make a case for an unfair labor practice charge against a target non-union company. That is, to harass the company and its management simply for being in the vast majority and choosing to remain an open shop. To do this, the union might send a member to apply for a job while making it obvious she or he is affiliated with the union. The applicant may wear a union shirt or hardhat sticker, may even state outright his intention or may include union organizing experience on her job application. If the applicant is not hired for any reason, the union takes its case to the National Labor Relations Board accusing the company of discrimination based on union membership.
Incredibly, these schemes are protected, despite common sense arguments against that protection. Why should an employer be forced to hire someone whose stated or covert objective is to work counter to the employer’s desires? Refusing to hire a salt would not infringe on current employees’ rights to organize. Nevertheless, given the current law, there are some measures non –union contractors can take to protect their open-shop status.
While not intended as legal advice to prevent salting (always consult a labor attorney) some companies have instituted policies that have met with varying degrees of success while not running afoul of union rights. Here are some ideas worth considering:
• Insist all employment applications be completed on site or in front of an officer of the company. This will prevent a salt from making dozens of copies, distributing them to fellow salts for completion, and flooding the company with union-affiliated applicants, increasing the potential for unfair labor practice accusations.
• Prohibit disclosure of information not requested. Make it clear that just like religious affiliation, ethnic background, etc., you do not want to know about an applicant’s “volunteer” union organizing work history.
• Make it a policy not to accept photocopied or faxed applications in place of the application.
• Keep accurate records of interviews so legitimate reasons for not hiring an applicant can be cited (acceptable reasons may include poor hygiene, insubordinate attitude, etc., which union lackeys may effect to ensure they don’t get the job.)
Labels: Commercial, Construction Industry, Construction Labor