Navigating the labor landscape is a continuous process since it has changed and continues to evolve.  For the past several years, labor unions and the bargaining unit leadership have had to approach the negotiation process from a very different perspective.  The lagging economy and the impact on manufacturing specifically have required a very different bargaining technique.  As Collective Bargaining Units have been either renewed as is, renegotiated to less than the unions liking or agreed to be extended; the circumstances have been less than ideal.  During this time companies have restructured, cut expenses and found ways to operate in a more cost effective manner and not reinvest in an unstable market.  As noted in many business publications and balance sheets, US businesses have more cash on hand and available as the economy improves.  The unions are aware of this fact as well and have committed to their membership that they will ‘get back’ the provisions given up in past negotiations.  The companies are also prepared to hold the current contract negotiation processes and vow not to return to old contract terms.  As a result, should the company and union leadership not come to an agreement at the bargaining table, the company is prepared to ‘lockout’ the union versus the union declaring a strike.  As evidenced in the NY Times article below, this very well may be the trend for the foreseeable future.

More Lockouts as Companies Battle Unions

By STEVEN GREENHOUSE

America’s unionized workers, buffeted by layoffs and stagnating wages, face another phenomenon that is increasingly throwing them on the defensive: lockouts.

From the Cooper Tire factory in Findlay, Ohio, to a country club in Southern California and sugar beet processing plants in North Dakota, employers are turning to lockouts to press their unionized workers to grant concessions after contract negotiations deadlock. Even the New York City Opera locked out its orchestra and singers for more than a week before settling the dispute last Wednesday.

Many Americans know about the highly publicized lockouts in professional sports — like last year’s 130-day lockout by the National Football League and the 161-day lockout by the National Basketball Association — but lockouts, once a rarity, have been used in less visible industries as well. Read more…

Avoid an ULP (unfair labor practice) charge.  Using a specialized security firm versus a contract security firm during a labor dispute may appear to be economical, however the lack of expertise could be damaging.

A contract security company will not offer any additional training relevant to labor disputes –

• Legal Right & Responsibilities
• Labor Relations
• Tactical Communications
• Professionalism & Ethics
• Public Relations (Dealing with the Media)
• Relations with Law Enforcement Agencies
• Code of Conduct
• Passive & Aggressive Communications
• Note Taking & Report Writing
• Evidence Collection & Documentation (i.e. Verbal, Material, Documentary Evidence)
• Response Options to Violent Situations and/or Persons
• Components of Communications
• Roles of Persuasion

A contract guard company will not have an understanding of the following:

• Picket Line Protocols
• Affidavits & Testimony in Court
• Union’s Legal Strike Rights
• Management’s Legal Strike Rights
• Picket Line Crossing Procedures
• Continuity of Evidence Procedures
• Preparing Sworn Affidavits for Legal Counsel
• Video Evidence Procedures
• Highway Traffic Act Procedures
• Transportation
• Educational seminars for client management & third party contractors who will be crossing picket lines

During a labor dispute, 3rd party unions may support the union that is on strike and a contract security company will not have the required understanding of that 3rd party union’s habits and activities, such as USW flying squads who are not part of the ongoing labor dispute. Personal relationships between the guards and particular employees may exist, thus creating an uncomfortable dynamic once the strike is over. In fact, the contract security guards may even be unionized themselves.

The bottom line is that a contract guard company is not as qualified to provide strike security services as is a company who specializes in these services.   A local resource may be more economical on the surface but one incorrect action can have a detrimental financial long-term impact.

I understand that members of a bargaining unit have the legal right to withhold their services and lawfully demonstrate, but what one IBEW member did at an ongoing labor dispute is repulsive.

Yes, a strike effects everyone involved – to include the company, customers, strike security suppliers, owners, shareholders, and employees (and their families).  Many times during the course of these job actions, the fact that families are impacted is lost in the process. However, the method of delivering this message by this IBEW member is wrong on so many levels.  Not only is this child exposed to a dangerous situation and at risk of injury, but the message being sent by an adult can be catastrophic.  What life lesson is being learned by this young lady?  It surely is not one that will assist in her development of proper interaction with people in resolving a dispute.  I guess that she is receiving an English lesson and expanding her vocabulary!

Rather than using his daughter as a ‘lever’ against his employer, maybe he should sit her down and explain the issue and the potential affect it will have on their family. Again, strikes can be ugly and sometimes necessary for either the union or management to reach their objectives.  If so, it is an absolute must that measures be put into place that allow for the safety of all involved.

For your own opinion please click the link below (warning-obscene language is used)

http://www.laborunionreport.com/portal/2011/08/union-extremists-using-children-harassing-menacing-replacement-workers-in-verizon-strike/

In light of devastating natural disasters, corporate scandals, labor strikes and industrial accidents that have plagued both the private and public sector, more and more businesses are realizing that not every eventuality can be anticipated. They’re also realizing that now – more than ever – it’s not what happens to adversely affect operations, it is how you deal with it. Businesses and corporations all across the country are starting to understand the value of a robust continuity plan and how essential it is to help them stay in business during trying times. Companies can’t afford to be caught unprepared for a business setback. With the right plan at the right time, you can mitigate your risk. A good contingency plan will include allowances for the necessary specialized strike security personnel, catering/housing/logistical support, supplemental labor and solid operational strategies. You need to create a contingency planning committee to oversee this effort, then have an expert review the plan to ensure proper goals have been established, workable timelines have been set up, and the logistics are accurate. The result should be a comprehensive plan, ready to be implemented at a moment’s notice.

Regardless of the reason that your business is in potential turmoil, you’re going to need security. The personnel you bring on board should have experience which allows them to make sound decisions in less than ideal conditions. Experience in law enforcement, criminal investigation, military operations or specialized security are beneficial. Before security forces are dispatched, you should thoroughly review your company’s facilities, operations and existing security practices. In this manner, strengths are identified and vulnerabilities are located.

For business continuity, you may need to provide for people’s personal needs. The plan should also include provisions for family members of your company’s management team and employees. Depending on the nature of the business interruption, your company may need to house and feed security personnel, temporary workers or even your own employees. In this case, you should make arrangements for food, bedding, showers, laundry and even entertainment. Make sure the amenities you offer are high quality with nutritious and appetizing meals, clean and comfortable sleeping and shower arrangements and laundry facilities. When it comes to the temporary workers themselves, act wisely. Hiring temporary workers is a difficult and delicate decision, but it is sometimes a matter of economic survival. Plan ahead and identify the working resources you’ll need, then internally fill those positions with existing resources or work with a company that can provide personnel who have the skills you require. Should you work with an outside resource for temporary personnel, that company should supervise those employees on your behalf and tend to any payroll concerns so your company’s managers can concentrate on returning to business as usual.

In uncertain times, it’s extremely important to communicate. You need to let your employees, clientele, business investors and internal management team know how you are handling things and how you will continue to address any difficulties or problems encountered. Nobody likes being left in the dark; it can make them nervous and cause them to second-guess your intentions and authority. Be up front, out in the open and honest. All sorts of people will want to know what’s going on – so let them know. Remember… knowledge is power.