The National Labor Relations Board has issued two new rules that will dramatically impact your ability to remain non-union. One is now in effect and the other is coming due soon.

The Board will now require most private-sector employers to notify their employees of their rights under the National Labor Relations Act by posting a notice. Posters, issued by the Board, must be posted in all workplaces by November 14, 2011. Posters will be available on the NLRB website by November 1. You will also be required to post a notice on your intranet or on an internet site if HR rules, policies or handbooks are normally posted there.

All private sector employers, whether unionized or not, must comply with the requirement. Some exceptions for extremely small employers exist. Failure to post the notice may be treated as an unfair labor practice under the National Labor Relations Act. The Board investigates allegations of unfair labor practices made by employees, unions, employers, or other persons, but does not initiate enforcement action on its own.

The Board expects that, in most cases, employers who fail to post the notice are unaware of the rule and will comply when requested by a Board agent. In such cases, the unfair labor practice case will typically be closed without further action.

In an earlier edict, the Board proposed amendments to its existing rules and regulations governing procedures which would result in speedy union elections. The proposed amendments would:

• Allow unions to file petitions and other documents electronically;
• Standardize timeframes for pre-election hearings and post-election hearings ;
• Mandate employers provide a final voter list with employee phone numbers and e-mail addresses in electronic form within two days of the direction of election;
• Require parties to identify pre-election issues, including voter eligibility within seven days after an election petition is filed;
• Consolidate all election-related appeals to the Board in a single post-election appeals process; and
• Make Board review of post-election decisions discretionary rather than mandatory.

These new rules if approved will expedite union elections and will limit your ability to effectively communicate your message to your employees.

Both rules demonstrate the importance of why you must educate your workforce now about unionization and your position on them. Don't wait until a union is knocking on your door. By then it will be too late.

As we noted in the article above, getting unionized will become a whole lot easier. At the same time, you can take steps today to minimize the potential of a union knocking on your door.

While the NLRB may appear to be working against you, companies often get unions because they deserve them. When employees feel disengaged, treated poorly, or when their wages and jobs are threatened, they reach out to anyone who offers a lifeline. The union's promise of job protection, improved wages and benefits, along with workplace due process plays well in this depressed economy. Whether unions can ever deliver on their promises is not relevant. Fighting a union drive or worse, negotiating your first contract is hugely expensive and derails all attention needed to effectively run your business.

Now is the time to make sure your house is in order. Waiting for the first sign of a union sniffing around is just plain foolish. Immediately putting up a "not welcome sign" is good for you, your employees, and the long-term viability of your company.

So how do you eliminate the potential wedge unions will surely drive between you and your employees? What union arguments will resonate with your workforce? The easy response is to simply ask your employees. Employee satisfaction surveys are a great tool to determine what your employees are thinking and an accurate predictor of your vulnerability to unions. Rarely are employees not willing to talk. You just have to listen (call me about surveying your employees).

A simple, uncomplicated strategy focused on your employees will not only make unions unnecessary, it will also increase the productivity and performance of your workforce. This strategy should contain five key elements:

1. Communication -- talk to your people-frequently. Make sure they know what it means to be unionized. Be clear about your position-tell them and put it in your policies. Let them know they can always talk to you and that there should never be a need to turn to a third party. At the same time, employees also want to know about what's happening with the business. When the boss talks to his/her employees, rumors disappear. Keep them informed.
2. Provide an outlet for problem resolution -- Things happen and employees need a safe, comfortable vehicle to address concerns and get issues resolved. When problems fester, they often grow until they blow. Early correction means employees stay focused. Unions will guarantee your employees due process. Why cede that right to the union?
3. Develop your supervisors -- they are the foundation of your business. They should be your eyes and ears, employee problem-solvers, and the go-to person to get things communicated and done. And when it comes to unions, they will be your first line of defense in preventing or fighting a drive. Invest in them.
4. Pay fairly - in a tough economy when survival is an issue, it is difficult to talk about pay. Two things, however, are important to keep in mind: 1) employees expect to be paid fairly for the work they do and, 2) employees understand the times. Nothing fires up talk about unionization more than a workforce that believes it is being treated unfairly. Market survey your wages annually. Correct inequities and communicate what you're doing with your workforce. At the same time, affordability is always an issue. You can't pay what you don't have. Again, tell your employees. If you've always been straight with them, they'll understand. But, when the good times return, remember those who stood by you.
5. Take care of your employees - setting clear expectations and holding your employees accountable for good performance is a must. When employees do their part, employers must do the same. Make your place a great place to work. That means tools to do their job, supervision that cares, a clean, safe place to work, and people who are respectful.

It doesn't take a lot to make your place a great place to work. And when you do it, union organizers will by-pass you for the other guy. Your workplace will hum and the new and proposed NLRB rules will not be a concern for you.

If you're having trouble finding quality candidates or if you're turning over your best employees, give me a call. We've developed a comprehensive program to ensure you increase the quantity and quality of your new hires, while guarding against the loss of your star performers. Contact me today at rick@dacri.com.

I will be speaking at the following conferences in October:

MaineBiz 2011 Momentum Conference on October 20. Topic: Succession Planning: Refilling the Pipeline.

Mass-ALFA's Annual Conference on October 27. Topic: Succession Planning

I still have some open dates for this fall. If you are looking for a speaker for your event, give me a call. For information on topics and to get my Speaker Sheet, visit my website.

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