There’s a lot of talk about labor relations (i.e., union activity) in today’s news. While we’re reading about it more, the actual number of American workers that belong to unions is relatively small.
According to the Bureau of Labor Statistics, it’s 10.1% and only 6% in the private sector. So, it’s not unusual that individuals might not have much labor relations experience. That’s what today’s reader note is all about.
"I am looking for some direction. I love your emails and share them with my peers.
Can you suggest any online blog, certificate program, or course I can take that would help me interpret union contracts more effectively? I am struggling to understand the grey area of the language sometimes. What I interpret the language as saying is different than the original intent of the language and I get stuck. Any help or direction you could give would be great. Have a great day!"
When it comes to labor relations, one of the first things that individuals need to know is what legislation governs your industry. For instance, many organizations are governed by the
National Labor Relations Act (NLRA). But some industries – like transportation – are governed by
the Railway Labor Act. And if you’re in the public sector, the rules are different as well. So, understanding the rules is step one.
While I have some labor relations experience, I know someone who is a specialist in this area and thankfully, when I asked if he would share his expertise, he said “yes”.
Michael VanDervort is a staff member with the Labor Relations Institute (LRI) in Tulsa Oklahoma. In his role, Michael specializes in creating thriving workplaces driven by positive associate relations. Before joining LRI, Michael worked in labor relations for Publix Super Markets and was executive director of
CUE Inc., a non-profit, member-run organization dedicated to assisting companies in the creation and maintenance of positive working environments. Michael and I have known each other for years. We met as volunteer leaders with the Society of Human Resources Management (SHRM) and HR Florida.
Michael, thanks for much for being here. Can you share with readers how you got started in labor relations?
[VanDervort] I grew up in Michigan at a time when the state was the center of the universe when it came to the auto industry and manufacturing, especially the UAW (United Auto Workers). My dad was a manufacturing supervisor at that time and would come home with paperwork that included lists of grievances that had been filed by employees, and he would have to write responses. I guess I was an HR nerd even then because I remember reading the complaints and saying,‘But why….??’ about all kinds of work-related complaints.
When I graduated with my bachelor’s, I originally planned to go to law school, but I decided to take a year off to earn some cash. I applied for and got hired into a job with the U.S. Postal Service as a letter carrier, and I joined the National Association of Letter Carriers Union (NALC). I became a union member, realized how bad the relationship between craft workers and postal management was, and started asking,‘But why…？’ again. I became active with the union, winding up as an elected official, but I knew I could do more.
A few years later, I applied to graduate school for my master’s in labor and industrial relations. I switched to the management side 35 years ago because that’s where you can make the most difference, and I have been doing this work ever since and still love it.
Before we start talking about the reader note, I want to ask about non-union environments. Why should HR professionals in non-union environments learn about labor relations?
[VanDervort] If you manage in a non-union environment, you have a blank slate for establishing a thriving workplace culture. If you do this well, your people will never need a union. That’s the first reason.
The second is that even though it may seem remote and esoteric to non-union practitioners, the National Labor Relations Board (NLRB) is an influential agency with jurisdiction over many crucial aspects of the workplace that apply to all employers, regardless of union status. Any employee, including non-union employees covered by the NLRA, can file an unfair labor practice (ULP) charge with the NLRB and bring the Board to your front door. Most of these charges would be related to protected concerted activity for things like complaining about unfair treatment, being disciplined, or fired for sharing company information, or handbook policy violations.
The reader expressed interest in building their labor relations knowledge. If someone wants to learn more about the area of labor relations, can you name a handful of low-cost / no-cost resources?
[VanDervort] There are many newsletters and organizations that focus on labor relations in different ways, including professional organizations like:
Law firms also provide great resources with their blogs and newsletters.
And free blogs, newsletters, and podcasts abound.
Lastly, my own firm,
the Labor Relations Institute, offers free resources and I do a podcast called
Labor Relatedly, which I co-host with attorney
Jon Hyman as part of the
DriveThruHR show. I put out a LinkedIn newsletter called “
Positive Employee Relations” several times a week that is a great resource for staying current on developments in the labor space.
And if I have some budget dollars, are there any labor relations educational programs that might be helpful?
[VanDervort] CUE offers some low-cost training like Labor Relations 101 and a periodic certification course in labor relations.
They also offer two conferences yearly, which are great learning opportunities for those seeking to learn more about labor relations.
Michigan State University’s School of Human Resources & Labor Relations offers unique
monthly courses and
a certificate program for someone preparing for a leadership role in a unionized organization.
Cornell University also offers an online
certification in labor relations.
This reader note talks about collective bargaining agreement (CBA) language. If an HR pro is trying to interpret the CBA, what should they do? Is there someone specific they should turn to for guidance?
[VanDervort] The first piece of advice I received about learning labor relations and contract interpretation was ‘read the labor agreement’. This is completely true. Everything starts with the labor agreement. From there, you have guidelines in precedent, past grievance settlements, bargaining notes from negotiations, and your internal/external labor attorneys to draw from. However, you need to build your own knowledge first because every conversation you have around grievances, arbitration, and work rules with a union representative derives from that CBA, so you need to know it inside out.
Last question. I’ve worked with some companies where labor relations were left up to lawyers and consultants. I’m not a lawyer or consultant bashing – they are invaluable, especially when employees might be considering union representation (i.e., organizing) and contract negotiations. How can an HR pro know when to call in outside expertise?
[VanDervort] It goes back to knowing the basics of labor law, what the current trends are in labor relations are, and how they might impact your employer.
If you are non-union, follow what the NLRB is doing policy-wise. They create policies every week that impact non-union workplaces significantly. You are not doing your job if you aren’t on top of these developments. Stay abreast of what labor unions are doing and what industries they focus on for organizing. If you get a surprise petition or ULP charge, you are going to be hard-pressed to respond.
If you are a union employer facing contract negotiations, ULPs, or even a strike, you must be prepared and have plans in place. These are the times when having a labor attorney or consultant in your contacts makes sense.
A huge thanks to Michael for sharing his experience and knowledge with us. Michael frequently speaks and writes about a wide variety of human resources topics, including labor and employee relations, positive workplace leadership, and social media. So, I hope you’ll check out all the resources he has provided.
One of the big takeaways for me in this conversation with Michael is there’s a place for labor relations
in both union and non-union environments. And he’s absolutely right in saying that the NLRB is an influential agency. It’s worth your time to proactively understand what’s happening, not only for your own professional development but your company culture.
Image captured by
Sharlyn Lauby while exploring the streets of Tampa, FL
SOURCE HR Bartender
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