Modern day Campaigns and Legal concerns under CEMEX …. What has Changed?

Coming off a clean “No Objections Filed” lopsided WIN in an election involving an RM petition, we (EMSI Consulting) have reflected on lessons learned under the new labor landscape especially following the CEMEX decision.

Here are a few thoughts

CAPTIVE AUDIENCE MEETINGS:

Much has been talked about and reviewed about the impact of the NLRB’s inclination to prevent Employers from holding captive audience meetings.

The main topic of concern is whether or not to make the meetings “mandatory“ or even if they should be held at all.

In discussions with colleagues, it was felt by some that making attendance voluntary would lead to a low turnout at the meetings held by Management or their Consultant representatives.

In our case, the reverse was true. Supervisors were given a script announcing the meetings to their workers and clearly indicating that it was voluntary but that it would be informative for them to attend. This stimulated everyone, including union supporters to attend the sessions. We had 100% attendance.

The keys are the communication factors that need to be clearly coordinated with management.

THE ROLE OF FRONTLINE SUPERVISORS AND MANAGERS MUST BE CONSTANTLY REINFORCED

If a ULP (Unfair Labor Practice charge) is going to be filed to attempt to overturn the election results and potentially force a bargaining order under CEMEX, it’s likely not to be for some major blunder by a top executive such as offering unlawful wage increases, or threatening job security, etc.?

The probability is that it will likely come from daily interactions between frontline? Supervisors and the future voters.

Therefore, a more comprehensive and daily Supervisor training and guidance approach is required beyond the typical T.I.P.S training that many consultants and attorneys are familiar with and rely on.

The strategy of publishing daily written communication pieces and helping the Supervisor to formulate talking points is the key to keeping the election free of any labor law violations.

THE USE OF SOCIAL MEDIA?

By publishing key messaging points via traditional methods and using the email system available in the records of employees/voters, which also has to be included in current versions of the Excelsior list, the bilingual messages to the voters were clear, relevant, and in a transparent form.? The approach conveyed the key points such that they were lawful, verifiable and impactful !

Conclusions

We gained valuable insights in a real-world setting that we’ll carry into future campaigns, tailoring our approach to align with company values and resulting in a WIN. Our strategy also strengthens protection against potential union efforts to challenge a company’s election victory.

No doubt, modern day campaigns require a different approach to the messaging even before the RM petition is filed.

The attorneys we worked with agreed that this completely revamped approach to campaigning is what is needed in the CEMEX era versus the old-fashioned approach of costly “boots on the ground" strategy that so many so-called “Subject matter experts“ Consultants advocate.

The model that worked for us is now set and it worked !

It can be easily and effectively tailored to be applied to your efforts in a? campaign situation under the current NLRB mindset and pro union leanings.

We are prepared and eager to talk to companies who are facing an organizing issue or want to get ahead of the game. Contact EMSI for a no-cost, no-commitment discussion.