---
title: "Employer Warning Signs That Unions Are Organizing Your Company"
description: "By Stephen M. Bernstein, partner of Fisher & Phillips, LLP from his presentation at the 2011 National Employment Law Update. Early Warning Signs: Employees unusually busy and excited Group stops talki..."
url: https://www.dashrconsulting.com/employer-warning-signs-that-unions-are-organizing-your-company/
date: 2011-04-01
modified: 2020-06-25
author: "Dr. Di Ann Sanchez"
categories: ["Human Resources"]
tags: ["Union Warning Signs"]
type: post
lang: en
---

# Employer Warning Signs That Unions Are Organizing Your Company

#### By Stephen M. Bernstein, partner of Fisher & Phillips, LLP from his presentation at the 2011 National Employment Law Update.

## Early Warning Signs:

- Employees unusually busy and excited
- Group stops talking or breaks up when supervisor approaches
- Employees request information about policies & benefits
- Employees’ behavior, attitudes, attendance or work changes
- A new “spokesperson” emerges
- Attempts to defy or irritate supervisor
- Strangers appear outside the premises
- Literature, buttons, shirts, cards
- Employees who typically talk to supervisors no longer do so
- Increased turnover among high performers
- Employees questioning managerial authority
- Change in nature/frequency of employee complaints
- Increase in argumentative questions at meetings
- Increase in unauthorized “group” complaints
- Employees seem increasingly divided

## Common reasons employees turn to a union to organize their workplace:

- Failure to solve employee problems
- Poor communications (up and down)
- Inattention to safety concerns
- Perceptions of unfair treatment
- Broken promises
- Lack of courtesy, respect and recognition
- Feelings of job in-security
- Not keeping pay & benefits competitive
- Rapid changes
- Staffing shortages
- Workload/work pace
- Overtime/scheduling
- Multiplicity of projects
- Loss of jobs

## What Can Employers Do To Oppose Unionization Of Employees?

### Although there are restrictions, employers may:

- Exercise their “free speech rights” to tell employees of risks of unionization
- Exercise these rights in a card-signing drive and after a petition for election has been filed
- Managers can always state facts, opinions and examples.

### The only statements and actions which you may not say or do are TIPS:

- Threaten
- Interrogate
- Promise
- Spy

### What to Do

- Train managers to report all signs
- Consistently practice good, solid, fair employee relations program with follow up

## The Significance of Authorization Cards

There is confusion surrounding the use of authorization cards in union organizing, Bernstein notes, on the part of employers and employees. Authorization cards, he says:

- Are generally required for unions to take over employee rights
- Are the focus of the organizing drive
- Indicate that employees want the union to represent them in all matters related to wages, hours and working conditions
- Act like a “blank check” or a “power of attorney”
- Are good for one year from the date signed
- Once signed, are not easily revoked
- Under current law, can be used to file a petition for an election with the Labor Board