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.