Countering the Union Buster

Countering the Union Buster. . . Or, how to win the intimidation game

Introduction -

A union buster is an anti-union “labor consultant” an employer hires to beat down an employee organizing drive. The union buster works in the shadows during the organizing drive for good reason . . . just like Unions, employers and “labor consultants” engaged in “persuader activity” under the Labor-Management Reporting and Disclosure Act are required to file financial reports outlining their expenditures when involved in such activities. If the union buster is involved in direct dealings with the employees, they must, by federal law, file such reports. That is why union busters go to great lengths to stay in the shadows during a campaign.

Union busters charge the employer anywhere from $500.00 to $1,000.00 per day, depending on their “experience” plus expenses. They usually contact an employer based upon public information provided by the National Labor Relations Board, and offer their services. Their usual tactic is to scare the employer about the union organizing drive, and then to offer to guide the employer through the process of thwarting the employees= efforts.

A union buster can be successful by using three basic tactics against employees - - creating fear of the unknown about unions through misinformation, creating division between the union supporters and other employees, and intimidation of individual employees through mass meetings or one-on one sessions with supervisors. As was mentioned earlier, the union buster does not usually deal directly with employees. The intimidation and fear tactics are carried out by the union buster’s ready-made committee - - the employer”s supervisors and managers.

The “Free Speech” Doctrine -

One tactic used by the union buster and supervisors to create employee fear is a proviso of the NLRA called the “free speech” doctrine. This provision of the NLRA, developed through case law, basically allows either party to make any statement about union organizing, as long as there is no threat, intimidation, or coercion. If such events occur, the employer or the union may be found in violation of the NLRA, under an unfair labor practice.

Unions, for the most part, do not engage in such tactics. No person wants to belong to any organization which would use such tactics to represent workers. The IBEW has found that a truthful, honest approach as to what a union is and can do builds credibility with employees, and once employees know the true facts about union organization, exercise of employee rights becomes a simple matter of exercising those rights. Union busters usually try to discredit the union and the employees engaged in an organizing drive, by making the union out to be a bunch of crooks or imply that the union is not being truthful with the employees.

To counter the union buster, employees can use basic, simple tactics easily learned and applied. To understand how the union buster works, you must understand the psychology of propaganda and intimidation so successfully used throughout history.

1. Union busters will portray the Union as an “evil” being imposed upon unsuspecting workers. To counter this perception, the Union must be made up of workers, like yourselves, who are the voice and face of the Union in the workplace. Become educated. Learn all you can about the structure and operation of the Union, and just what a Union can and cannot do on behalf of employees.

1. Fear is countered by demonstrating a united front against the union buster’s tactics, and demonstrating to employees that united we stand, divided we fall.

2. If the employer attempts to discriminate against an employee or group of employees because of their support for the Union, the best tactic is for a large group of employees to call attention to the discrimination and demand that it be reversed. This can be accomplished through petitions, calls to the media, posters, or any other method you can use to counter this tactic.