Trade Union Organizing of Professional Engineering Employees [CASE HISTORY]

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1 Trade Union Organizing of Professional Engineering Employees [CASE HISTORY] Presented by Henry L. Lucas, P.E. ECS Corporate Services, LLC President Engineering Consulting Services Ltd.

2 Union Organizing - The Existing Process Union Organizing Demand for recognition Election Process Related Issues Current Situation

3 Union Organizing Traditional Employees feel that they are not being treated fairly Look for way to improve working conditions, wages and benefits Seek out a union to represent them for the purposes of collective bargaining Targeted Organizing Union targets industries where they can add members Current targets include professional employees, and in particular engineers involved in construction

4 Union Organizing Differences In traditional organizing the desire to organize is on the part of the employees In targeted organizing, the union looks for potential members and determines whether they think the union can be successful in organizing, regardless of the employees desires Top down organizing is more often used to force other employers to recognize the union without giving employees a choice (depriving them of their rights) NLRA enacted in 1935, essentially unchanged. Many aspects not applicable to the realities of business in the 21 st century Union membership dwindling, they need to find new members and have embarked on a major, coordinated organizing drive

5 Demand for Recognition You have visitors who won t leave! Union demands recognition, saying they represent a majority of your employees in the craft unit Majority is defined as >30% Craft unit is defined by the union Card Check/Inadvertent Negotiations/Bargaining/Involuntary Recognition You can voluntarily recognize upon proof of majority support Construction industry exemption for voluntary recognition without proof of majority support

6 The Election Governed by the NLRA and enforced by the NLRB Both sides advocate their positions Union makes promises Employer barred from making any promises Avoid Unfair Labor Practices (the dreaded ULP) Secret ballot election Count the votes

7 Related Issues - Picketing Picketing (a.k.a. The club ) Legal vs. Illegal picketing Does it matter? Pressure tactics, legal, illegal and close Neutral third parties affected What is a two gate system? What happens on a job site when pickets go up? Fighting the pickets The battlefields

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9 Related Issues - Picketing

10 Related Issues Conflict of Interest Professional Engineering and Ethics NSPE Position Statement 1744 ASCE Policy Statement 502 ASTM Standard E 329 Any and all potential conflicts of interest must be avoided Divided loyalty, free of outside pressures, objective Unions and Their Ethics No Rat Rules Promote harmony within ranks Union is the only one on your side, we protect you, you protect the union

11 Current Situation This organizing drive stems from the union attempting to increase membership, influence, power: Not from the employees The union uses legal and illegal picketing and other pressure tactics to involve neutral third parties in the organizing Top down organizing and targeted organizing have nothing to do with employees and employers issues, rather only the union fulfilling its own ambitions (and coffers) If the employees truly desire representation, it should emanate from the employees. The union they select to represent engineering employees for collective bargaining should be an appropriate unit, with no apparent conflict of interest. EFCA Employee Free Choice Act