CLASS 4CLASS 4

SEPTEMBER 13, 2006SEPTEMBER 13, 2006

AIRGAS AIRGAS REPRESENTATION REPRESENTATION

ELECTIONELECTION

20042004

Mark I reviewed the fax, it looks fine to me. Have you ever thought of creating a check list of the anticipated management scare tatics and checking the list as the tactics go on? Create a list of the predicable management statements and update the list with black check marks. Interesting idea see attached for a sample. MJT

Michael J. Tedesco Law Office of MJ Tedesco 15050 SW 150th Court Beaverton, OR 97007 miketlaw@hotmail.com

THE THINGS MANAGEMENT TRY TO SCARE YOU WITH: (We Will Check Off The Scare Tatics As They Occur) ____________ THE UNION IS OUT FOR YOUR DUES ____________ THE UNION DOESN’T REALLY CARE ABOUT YOUR ISSUES ____________ IF THE UNION GETS IN THERE WILL BE LAYOFFS ____________ THE COMPANY AND NOT THE UNION IS MORE INTERESTED IN YOUR ISSUES ____________ ETC:

FACTS REGARDING THE FACTS REGARDING THE GRANTING OF UNIT PAY GRANTING OF UNIT PAY

INCREASESINCREASES► PAY INCREASES WERE GRANTED BY EMPLOYER ON MARCH 15, PAY INCREASES WERE GRANTED BY EMPLOYER ON MARCH 15,

2004.2004.► THE EMPLOYER HAD MADE THE DECISION TO GRANT THESE PAY THE EMPLOYER HAD MADE THE DECISION TO GRANT THESE PAY

INCREASES BY NO LATER THAN JANUARY 29, 2004.INCREASES BY NO LATER THAN JANUARY 29, 2004.► THE UNION ALLEGES: THE UNION ALLEGES:

THAT THE EMPLOYER GRANTED INCREASES TO MORE UNIT THAT THE EMPLOYER GRANTED INCREASES TO MORE UNIT EMPLOYEES AFTER THEY LEARNED OF THE ORGANIZING EFFORTS.EMPLOYEES AFTER THEY LEARNED OF THE ORGANIZING EFFORTS.

THAT THE EMPLOYER GRANTED UNPRECEDENTED INCREASES TO THAT THE EMPLOYER GRANTED UNPRECEDENTED INCREASES TO THE BARGAINING UNIT.THE BARGAINING UNIT.

► THESE INCREASES WERE GIVEN TO A SUBSTANTIAL NUMBER OF THESE INCREASES WERE GIVEN TO A SUBSTANTIAL NUMBER OF WORKERS IN THE BARGAINING UNIT JUST DAYS PRIOR TO THE WORKERS IN THE BARGAINING UNIT JUST DAYS PRIOR TO THE ELECTION.ELECTION.

► WITHIN A MONTH OF THE ELECTION THE EMPLOYER HELD A WITHIN A MONTH OF THE ELECTION THE EMPLOYER HELD A MEETING WITH EMPLOYEES AND ANNOUNCED THEIR MEETING WITH EMPLOYEES AND ANNOUNCED THEIR OPPOSITION TO THE ORGANIZING EFFORTS AND INFORMED THE OPPOSITION TO THE ORGANIZING EFFORTS AND INFORMED THE UNIT OF THE PENDING PAY INCREASES.UNIT OF THE PENDING PAY INCREASES.

THE LAW ON UNILATERAL PAY THE LAW ON UNILATERAL PAY INCREASES PENDING AN INCREASES PENDING AN

ELECTIONELECTION► GRANTING OF UNPRECEDENTED WAGE INCREASES GRANTING OF UNPRECEDENTED WAGE INCREASES

IS A “HALLMARK” ULP. IS A “HALLMARK” ULP. OVERNITE TRANSP. OVERNITE TRANSP. 329 329 NLRB 990, 993 (1999). NLRB 990, 993 (1999). A “HALLMARK” VIOLATION IS ONE THAT IS “HIGHLY A “HALLMARK” VIOLATION IS ONE THAT IS “HIGHLY

COERCIVE” AND HAS “A LASTING EFFECT ON ELECTION COERCIVE” AND HAS “A LASTING EFFECT ON ELECTION CONDITIONS.” CONDITIONS.” ID.ID. SEE ALSO, AUDUBON REGIONAL SEE ALSO, AUDUBON REGIONAL MEDICAL CTR.MEDICAL CTR., 331 NLRB 374 (2000). , 331 NLRB 374 (2000). ► AS SUCH, A NEW ELECTION MAY NOT BE SUFFICIENT TO AS SUCH, A NEW ELECTION MAY NOT BE SUFFICIENT TO

OVERCOME THE DAMAGE DONE TO THE EMPLOYEES’ OVERCOME THE DAMAGE DONE TO THE EMPLOYEES’ UNINHIBITED DESIRES REGARDING THE ELECTION. UNINHIBITED DESIRES REGARDING THE ELECTION.

► A TYPICAL DEFENSE IS THAT EMPLOYERS OFTEN A TYPICAL DEFENSE IS THAT EMPLOYERS OFTEN ARGUE THAT THE WAGE INCREASE WAS PLANNED ARGUE THAT THE WAGE INCREASE WAS PLANNED BEFORE THE FILING OF THE PETITION. BEFORE THE FILING OF THE PETITION.

► THIS BECOMES LARGELY A QUESTION OF CREDIBILITY. THIS BECOMES LARGELY A QUESTION OF CREDIBILITY.

FACTS REGARDING THE CAPTIVE FACTS REGARDING THE CAPTIVE AUDIENCE ISSUEAUDIENCE ISSUE

► TV MONITORS PLACED IN THE VICINITY OF WORKERS ON THE JOBTV MONITORS PLACED IN THE VICINITY OF WORKERS ON THE JOB► RIGHT AFTER THE UNIONIZING EFFORTS STARTED, THESE MONITORS RIGHT AFTER THE UNIONIZING EFFORTS STARTED, THESE MONITORS

SHOWED UPSHOWED UP► WHERE WERE THEY PLACEDWHERE WERE THEY PLACED► THEY WERE POWERPOINT SLIDES THAT WERE EASILY READABLE?\THEY WERE POWERPOINT SLIDES THAT WERE EASILY READABLE?\► IN THE COURSE OF DOING YOUR NORMAL WORK, YOU WOULD BE IN THE COURSE OF DOING YOUR NORMAL WORK, YOU WOULD BE

LOOKING AT THEMLOOKING AT THEM► IN THE PRODUCTION PLANT, THERE IS NOWHERE YOU COULD STAND IN THE PRODUCTION PLANT, THERE IS NOWHERE YOU COULD STAND

WITHOUT SEEING THESE TV’SWITHOUT SEEING THESE TV’S► THE MESSAGES THAT APPEARED ON THE MONITORS WERE GENERAL THE MESSAGES THAT APPEARED ON THE MONITORS WERE GENERAL

INFORMATIONAL AND ANTI-UNION CAMPAIGN INFOINFORMATIONAL AND ANTI-UNION CAMPAIGN INFO LIKE HAPPY BIRTHDAY TO CERTAIN EMPLOYEESLIKE HAPPY BIRTHDAY TO CERTAIN EMPLOYEES IF YOU GO ON STRIKE, YOU WON’T GET UNEMPLOYMENTIF YOU GO ON STRIKE, YOU WON’T GET UNEMPLOYMENT THE COMPANY HAS THE RIGHT TO REPLACE YOU IF YOU GO ON THE COMPANY HAS THE RIGHT TO REPLACE YOU IF YOU GO ON

STRIKESTRIKE IF YOU JOIN THE UNION, THE UNION WILL TAKE MONEY OUT OF IF YOU JOIN THE UNION, THE UNION WILL TAKE MONEY OUT OF

YOUR CHECKYOUR CHECK THE UNION WILL LIE TO YOU WHEREAS AIRGAS WILL TELL YOU THE THE UNION WILL LIE TO YOU WHEREAS AIRGAS WILL TELL YOU THE

TRUTHTRUTH► BROADCASTS WERE PLAYED ALL DAY, EVERY DAY EVEN THE DAY BROADCASTS WERE PLAYED ALL DAY, EVERY DAY EVEN THE DAY

IMMEDIATELY PROCEEDING THE VOTEIMMEDIATELY PROCEEDING THE VOTE

LAW RELATING TO THE CAPTIVE LAW RELATING TO THE CAPTIVE AUDIENCE RULEAUDIENCE RULE

► PARTIES TO AN ELECTION ARE GENERALLY PARTIES TO AN ELECTION ARE GENERALLY PROHIBITED FROM MAKING STATEMENTS PROHIBITED FROM MAKING STATEMENTS THAT ARE LIKELY TO INTERFERE WITH THAT ARE LIKELY TO INTERFERE WITH EMPLOYEES’ FREE CHOICE WITHIN 24 HOURS EMPLOYEES’ FREE CHOICE WITHIN 24 HOURS OF AN ELECTION. OF AN ELECTION. PEERLESS PLYWOODPEERLESS PLYWOOD, 107 , 107 NLRB 427, 332 LRRM 1151 (1953). NLRB 427, 332 LRRM 1151 (1953). THE PURPOSE OF THE THE PURPOSE OF THE PEERLESS PLYWOODPEERLESS PLYWOOD RULE RULE

IS TO PREVENT “MASS PSYCHOLOGY” FROM IS TO PREVENT “MASS PSYCHOLOGY” FROM CREATING AN UNFAIR ADVANTAGE. CREATING AN UNFAIR ADVANTAGE.

HOWEVER, ONLY STATEMENTS MADE TO “CAPTIVE HOWEVER, ONLY STATEMENTS MADE TO “CAPTIVE AUDIENCES” ARE PROHIBITED. AUDIENCES” ARE PROHIBITED.

SPEECHES MADE AT VOLUNTARY GATHERINGS SPEECHES MADE AT VOLUNTARY GATHERINGS ARE PERMITTED.ARE PERMITTED.

FACTS REGARDING THE SPYING FACTS REGARDING THE SPYING ISSUEISSUE

► THE UNION HELD AN ORGANIZING MEETING AT JANTZEN THE UNION HELD AN ORGANIZING MEETING AT JANTZEN BEACH ON FEBRUARY 27BEACH ON FEBRUARY 27

► A NUMBER OF WORKERS ATTENDED THE MEETING, ABOUT 12 A NUMBER OF WORKERS ATTENDED THE MEETING, ABOUT 12 OR 13OR 13

► THE MEETING STARTED AT ABOUT 3 PMTHE MEETING STARTED AT ABOUT 3 PM► THE OWNER’S SON DROVE BY THE WINDOW OF THE THE OWNER’S SON DROVE BY THE WINDOW OF THE

RESTAURANT ABOUT A HALF HOUR AFTER THE MEETING RESTAURANT ABOUT A HALF HOUR AFTER THE MEETING STARTEDSTARTED

► HE WAS IN THE COMPANY PICK UP TRUCK, A WHITE FORD F-HE WAS IN THE COMPANY PICK UP TRUCK, A WHITE FORD F-150 PICKUP WITH THE AIRGAS LOGO ON THE SIDE OF IT.150 PICKUP WITH THE AIRGAS LOGO ON THE SIDE OF IT.

► HE WAS PARKED OUTSIDE BY A WINDOW HE WAS PARKED OUTSIDE BY A WINDOW ► HE WAS THERE LONG ENOUGH FOR OTHER EMPLOYEES TO HE WAS THERE LONG ENOUGH FOR OTHER EMPLOYEES TO

SEE HIMSEE HIM► THE WORKERS ATTENDING THE EVENT PARKED IN THE THE WORKERS ATTENDING THE EVENT PARKED IN THE

RESTAURANT PARKING LOT.RESTAURANT PARKING LOT.

LAW RELATING TO SPYINGLAW RELATING TO SPYING

► WHILE EMPLOYERS MAY OBSERVE EMPLOYEES ATTENDING UNION MEETINGS AT THE WORKSITE, SURVEILLANCE OF EMPLOYEES AWAY FROM THE WORKSITE IS AN UNFAIR LABOR PRACTICE UNDER SECTION 8(A) OF THE LABOR MANAGEMENT RELATIONS ACT. SEE E.G. KELLY CONSTRUCTION, 333 NLRB NO. 148 (2001).

► THE BOARD FOUND THAT SUCH SURVEILLANCE WOULD HAVE THE EFFECT OF INTIMIDATING EMPLOYEES BEFORE THEY VOTED.

► SIMILARLY, VIDEOTAPING EMPLOYEES ENGAGED IN HAND BILLING TWO BLOCKS FROM THE WORKSITE VIOLATED SECTION (8). ROBERT ORR - SYSCO FOOD SERVICES, 334 NLRB NO. 122 (2002).

Election Tally:Election Tally:

► Approximate Number of Eligible VotersApproximate Number of Eligible Voters 6060► Void BallotsVoid Ballots 0 0► Votes Cast for PetitionerVotes Cast for Petitioner 2020► Votes Cast Against Participating Labor OrganizationVotes Cast Against Participating Labor Organization 3636► Valid Votes CountedValid Votes Counted 5656► Challenged BallotsChallenged Ballots 3 3► Valid Votes Counted Plus Challenged BallotsValid Votes Counted Plus Challenged Ballots 5959

April 6, 2004

Cathleen Callahan, Officer in Charge National Labor Relations Board Subregion 36 601 Southwest Second Ave. Suite 1910 Portland, OR 97204-3170

RE: Airgas-Norpac, Inc 36-RC-6239

Dear Ms. Callahan: We are in receipt of your letter regarding our objections to the election that was conducted by your office in the above case. Teamsters Local 162 provides the following evidence to support our objections:

Objection #1 That the Employer unilaterally granted pay raises on March 15, 2004, retroactive to March 1, 2004, to employees participating in the election on March 24, 2004.

⇒ Airgas employees Danny Moseley and James Roberts (both eligible voters in the election) will testify that on March 15, 2004, employees participating in the March 24, 2004, election, including themselves, were unilaterally granted pay raises retroactive to March 1, 2004, and that said pay raises interfered with the employees right to a free, fair and honest election.

⇒ Danny Moseley will testify that he received a fifty-six cent ($0.56) per hour pay raise, which increased his hourly rate from $14.94 per hour to $15.50 per hour (see attached payroll stubs as evidence).

⇒ James Roberts will testify that he received a thirty-nine cent ($0.39) per hour pay raise, which increased his hourly rate from $13.86 per hour to $14.25 per hour.

Objection #2 On February 27, 2004, a representative of the Employer engaged in surveillance of employees attending a union organizing meeting away from the worksite.

⇒ Airgas employee Danny Moseley and James Roberts will testify that company representative Matt Clemens, the son of Airgas President Mark Clemens, engaged in surveillance of employees attending a union organizing meeting away from the worksite. They will testify that Matt Clemens drove through the parking lot of the meeting at 3:25 p.m. and stopped in front of the restaurant window where the meeting was taking place so he could see who was in attendance. Matt Clemens was driving an Airgas company truck, a Ford F150 with license plate #X8G181. The meeting was held from 3:00 p.m. to 5:00 p.m. on Friday, February 27, 2004 at BJ’S Restaurant & Brewhouse at 12105 N. Center, Jantzen Beach, Oregon.

⇒ Local 162 Representative Mark Davison, Local 162 Representative Scott Campbell and Joint Council 37 Organizer Dave Tully, are eye witnesses and will support the testimony of Moseley and Roberts.

Objection #3 The Employer made campaign speeches to assembled groups of employees on company time within the 24-hour period before the election via electronic communication using television monitors in the employees work areas.

⇒ Airgas employees Danny Moseley and James Roberts will testify that two 25-27 inch television monitors were installed in the production plant in eligible voters work areas (loaders, fillers, plant operators, etc.), and that one 15 inch flat screen monitor was installed in the dispatch office where eligible voters (drivers, etc.) process paperwork. ⇒ Moseley and Roberts will testify that these monitors broadcast company campaign speeches within the 24-hour period before the election. And that said campaign speeches contained anti-union propaganda about union strikes, the Employer’s ability to hire replacement workers, negative statements regarding union dues, the percentage of Airgas facilities represented by the union and a host of other anti-union messages. ⇒ Moseley and Roberts will testify that they, as well as other eligible voters, were paid by the Employer to watch said campaign speeches, and had no alternative but to watch.

It is the Union’s position, supported by witnesses, that all of the above objections support our claim that the conduct of the Employer interfered with the rights of the employees to a free, fair and honest election. Teamsters Local 162 requests a full investigation by your office and we seek all recourse under federal labor law. We can be reached at (503) 257-0162. Our legal counsel in this matter is Michael Tedesco. Sincerely, Mark Davison Union Representative

THE DECLINE(?) OF THE DECLINE(?) OF THE LABOR THE LABOR MOVEMENTMOVEMENT

GETMAN ARTICLE 1986GETMAN ARTICLE 1986

Violence Results in Restraining OrderViolence Results in Restraining Order The Steelworkers' strike against RMI Titanium has featured numerous acts of The Steelworkers' strike against RMI Titanium has featured numerous acts of

intimidation and violence.  Just before Common Pleas Judge Peter Kontos issued a intimidation and violence.  Just before Common Pleas Judge Peter Kontos issued a temporary restraining order against the union, USWA Local 2155 President Bob Walsh temporary restraining order against the union, USWA Local 2155 President Bob Walsh was quoted saying, "No one from this union is causing any trouble."  Here are some of was quoted saying, "No one from this union is causing any trouble."  Here are some of

the incidents which have been reported so far:the incidents which have been reported so far:Large rocks were thrown at security guards, injuring two of them and destroying a Large rocks were thrown at security guards, injuring two of them and destroying a

company guardhouse company guardhouse Rocks were thrown through the windows of a business owned by David Ornelas, part of Rocks were thrown through the windows of a business owned by David Ornelas, part of RMI's management team. Strikers threw firecrackers and launched paintball volleys at RMI's management team. Strikers threw firecrackers and launched paintball volleys at

the plantthe plant

LABOR’S PROBLEM IS LABOR’S PROBLEM IS MANIFESTED BY :MANIFESTED BY :

►DECLINE IN MEMBERSHIPDECLINE IN MEMBERSHIP►FAILURE TO ORGANIZE NEW FAILURE TO ORGANIZE NEW

MEMBERSMEMBERS

WHO DID THEY BLAME?WHO DID THEY BLAME?

►ANYONE BUT THEMSELVESANYONE BUT THEMSELVES NLRBNLRB MANAGEMENTMANAGEMENT

WHAT ABOUT BLAMING WHAT ABOUT BLAMING THEMSELVES?THEMSELVES?

►LABOR'S ORGANIZING FAILURES HAVE LABOR'S ORGANIZING FAILURES HAVE OCCURRED BECAUSE OCCURRED BECAUSE UNIONS HAVE BEEN COMPLACENT, UNIONS HAVE BEEN COMPLACENT, HAVE LOST THEIR SENSE OF MISSION, HAVE LOST THEIR SENSE OF MISSION, HAVE ASSIGNED INCOMPETENT PEOPLE HAVE ASSIGNED INCOMPETENT PEOPLE

TO ORGANIZING, TO ORGANIZING, HAVE FAILED TO ADOPT INNOVATIVE HAVE FAILED TO ADOPT INNOVATIVE

ORGANIZING TACTICS IN RESPONSE TO ORGANIZING TACTICS IN RESPONSE TO CHANGING CONDITIONS. CHANGING CONDITIONS.

WHY ORGANIZE?WHY ORGANIZE?

►ORGANIZING DRIVES ARISE OUT OF ORGANIZING DRIVES ARISE OUT OF DISCONTENTDISCONTENT ANXIETY ABOUT CHANGES ANXIETY ABOUT CHANGES EMPLOYEES WHO FEEL UNFAIRLY EMPLOYEES WHO FEEL UNFAIRLY

TREATEDTREATED INADEQUATELY COMPENSATEDINADEQUATELY COMPENSATED SUBJECT TO ARBITRARY CHANGESUBJECT TO ARBITRARY CHANGE

HOW DOES THE ORGANIZER HOW DOES THE ORGANIZER PROCEED?PROCEED?

► WILL ESTABLISH AN ORGANIZING COMMITTEE WILL ESTABLISH AN ORGANIZING COMMITTEE MADE UP OF EMPLOYEES TO SIGN AUTHORIZATION MADE UP OF EMPLOYEES TO SIGN AUTHORIZATION CARDS DESIGNATING THE UNION AS THEIR CARDS DESIGNATING THE UNION AS THEIR COLLECTIVE BARGAINING AGENT COLLECTIVE BARGAINING AGENT

► STRESS THE PROSPECT OF IMPROVED WAGES AND STRESS THE PROSPECT OF IMPROVED WAGES AND WORKING CONDITIONS, WORKING CONDITIONS,

► THE DIGNITY THAT COMES FROM HAVING THE DIGNITY THAT COMES FROM HAVING CONTRACTUALLY-DEFINED RIGHTS ENFORCED CONTRACTUALLY-DEFINED RIGHTS ENFORCED THROUGH A MEANINGFUL GRIEVANCE PROCESS THROUGH A MEANINGFUL GRIEVANCE PROCESS

► THE FAIRNESS OF USING SENIORITYTHE FAIRNESS OF USING SENIORITY

VOLUNTARY RECOGNITIONVOLUNTARY RECOGNITION

► IF YOU GET THE CARDSIF YOU GET THE CARDS WRITE A "'RECOGNITION LETTER"' TO THE WRITE A "'RECOGNITION LETTER"' TO THE

COMPANY THAT THE UNION HAS SIGNED UP A COMPANY THAT THE UNION HAS SIGNED UP A MAJORITY OF EMPLOYEESMAJORITY OF EMPLOYEES

OFFERING TO PROVE THIS TO AN IMPARTIAL OFFERING TO PROVE THIS TO AN IMPARTIAL OBSERVEROBSERVER

REQUESTING THE COMPANY TO ENTER INTO A REQUESTING THE COMPANY TO ENTER INTO A BARGAINING RELATIONSHIP BARGAINING RELATIONSHIP

IMMEDIATE BARGAINING IS RAREIMMEDIATE BARGAINING IS RARE MOST EMPLOYERS STRONGLY DESIRE TO AVOID MOST EMPLOYERS STRONGLY DESIRE TO AVOID

DEALING WITH A UNION, AND THEY HAVE A DEALING WITH A UNION, AND THEY HAVE A RIGHT TO INSIST UPON AN ELECTION. RIGHT TO INSIST UPON AN ELECTION.

A VOLUNTARY RECOGNITION A VOLUNTARY RECOGNITION AGREEMENTAGREEMENT

► Voluntary Recognition AgreementVoluntary Recognition Agreement► By and between the Central Oregon Community College (“College”) and the By and between the Central Oregon Community College (“College”) and the

Oregon School Employees Association (“Union”), it is agreed that the College Oregon School Employees Association (“Union”), it is agreed that the College recognizes the Union as the exclusive representative under ORS 243, for the recognizes the Union as the exclusive representative under ORS 243, for the College employees who are described in the following Unit Description:College employees who are described in the following Unit Description:

► All employees of Central Oregon Community College in the classifications All employees of Central Oregon Community College in the classifications performing the work of Adult Basic Education Teacher.performing the work of Adult Basic Education Teacher.

► It is understood that this unit description includes both full and part-time It is understood that this unit description includes both full and part-time employees.employees.

► For the Union:For the Union:► ____________________________________________________________________________► Steven AraujoSteven Araujo DateDate

► For the CollegeFor the College► ____________________________________________________________________________► ???? DateDate

IF RECOGNITION FAILSIF RECOGNITION FAILS

► UNION'S RESPONSE IS TO FILE AN ELECTION UNION'S RESPONSE IS TO FILE AN ELECTION PETITION PETITION

► THE PETITION WILL SPECIFY WHICH EMPLOYEES IT THE PETITION WILL SPECIFY WHICH EMPLOYEES IT CLAIMS TO REPRESENT. CLAIMS TO REPRESENT.

► THE EMPLOYER MAY THEN CHALLENGE THE THE EMPLOYER MAY THEN CHALLENGE THE PETITION CLAIMING THAT THE UNIT DESCRIBED IS PETITION CLAIMING THAT THE UNIT DESCRIBED IS INAPPROPRIATEINAPPROPRIATE

► THE TERMS OF THE ELECTION AND QUESTIONS OF THE TERMS OF THE ELECTION AND QUESTIONS OF ELIGIBILITY ARE TYPICALLY WORKED OUT ELIGIBILITY ARE TYPICALLY WORKED OUT USUALLY THE UNION MAKES MAJOR CONCESSIONS TO USUALLY THE UNION MAKES MAJOR CONCESSIONS TO

AVOID A BOARD HEARING AVOID A BOARD HEARING DELAY WORKS IN THE EMPLOYER'S FAVOR DELAY WORKS IN THE EMPLOYER'S FAVOR

THE CAMPAIGNTHE CAMPAIGN

►EMPLOYER ARGUMENTSEMPLOYER ARGUMENTS THINGS AREN’T AS BAD AS THE UNION THINGS AREN’T AS BAD AS THE UNION

SAYSSAYS THEY WILL GET WORSE WITH THE UNIONTHEY WILL GET WORSE WITH THE UNION

►THE FINANCIAL INTERESTS OF THE THE FINANCIAL INTERESTS OF THE EMPLOYEES ARE TIED TO THE EMPLOYER'S EMPLOYEES ARE TIED TO THE EMPLOYER'S PROFITABILITY. PROFITABILITY.

►THE UNION DOES NOT UNDERSTAND THE UNION DOES NOT UNDERSTAND ENDANGERING BOTH THE EMPLOYER AND THE ENDANGERING BOTH THE EMPLOYER AND THE EMPLOYEES EMPLOYEES

OTHER EMPLOYER ARGUMENTSOTHER EMPLOYER ARGUMENTS

►YOU ARE LUCKY YOU HAVE A JOBYOU ARE LUCKY YOU HAVE A JOB IF THE UNION COMES IN AND GETS MORE IF THE UNION COMES IN AND GETS MORE

FOR SOME, OTHERS WILL HAVE TO BE FOR SOME, OTHERS WILL HAVE TO BE LAID OFFLAID OFF

WE (THE EMPLOYER) WILL NOT BE ABLE WE (THE EMPLOYER) WILL NOT BE ABLE TO HELP YOU BECAUSE WE HAVE TO LIVE TO HELP YOU BECAUSE WE HAVE TO LIVE BY THE SPECIFIC TERMS OF THE LABOR BY THE SPECIFIC TERMS OF THE LABOR AGREEMENT THAT ARE INFLEXIBLEAGREEMENT THAT ARE INFLEXIBLE

MORE FROM THE EMPLOYERMORE FROM THE EMPLOYER

►THE UNION CAN GUARANTEE YOU THE UNION CAN GUARANTEE YOU NOTHINGNOTHING WE WILL BARGAIN TOUGHWE WILL BARGAIN TOUGH THEY WILL TAKE YOU OUT ON STRIKETHEY WILL TAKE YOU OUT ON STRIKE THERE WILL BE VIOLENCETHERE WILL BE VIOLENCE YOU WILL LOSE YOUR JOB TO SOMEONE YOU WILL LOSE YOUR JOB TO SOMEONE

ELSEELSE

OTHER EMPLOYER TACTICSOTHER EMPLOYER TACTICS

►DISCIPLINE OR DISCHARGE THE DISCIPLINE OR DISCHARGE THE EMPLOYEE ORGANIZERSEMPLOYEE ORGANIZERS

►THE MESSAGE SENT BY SUCH ACTIONS THE MESSAGE SENT BY SUCH ACTIONS IS CLEARIS CLEAR

GOOD COP/BAD COPGOOD COP/BAD COP

►WHILE THERE ARE SOME EMPLOYEES WHILE THERE ARE SOME EMPLOYEES WHO ARE DISCIPLINEDWHO ARE DISCIPLINED

►THE REST GET GOOD TREATMENT AND THE REST GET GOOD TREATMENT AND RESPECTRESPECT INFORMATION IS PUT OUT IN A FRIENDLY INFORMATION IS PUT OUT IN A FRIENDLY

“INFORMATIONAL” WAY “INFORMATIONAL” WAY NOT IN THE SHRILL COMPLAINING WAY OF NOT IN THE SHRILL COMPLAINING WAY OF

THE UNIONTHE UNION

THE “BAD” UNIONTHE “BAD” UNION

► THE UNION ORGANIZERS ARE OUTSIDERSTHE UNION ORGANIZERS ARE OUTSIDERS INTERESTED IN THE EMPLOYEES ONLY FOR DUES INTERESTED IN THE EMPLOYEES ONLY FOR DUES THE UNION IS RUN IS NOT REALLY INTERESTED IN THE UNION IS RUN IS NOT REALLY INTERESTED IN

THE EMPLOYEES, THE EMPLOYEES, ► THE UNION WILL INEVITABLY CREATE A LESS THE UNION WILL INEVITABLY CREATE A LESS

FRIENDLY AND MORE ADVERSARIAL RELATIONSHIP FRIENDLY AND MORE ADVERSARIAL RELATIONSHIP ► THE UNION HAS NO STAKE IN THE COMPANY, THE UNION HAS NO STAKE IN THE COMPANY,

THEY WILL JEOPARDIZE ITS FUTURE THEY WILL JEOPARDIZE ITS FUTURE THE JEOPARDIZE JOBS THE JEOPARDIZE JOBS UNIONS MAY MAKE SENSE IN OTHER INDUSTRIES OR UNIONS MAY MAKE SENSE IN OTHER INDUSTRIES OR

THAT THEY DID A LOT OF GOOD ONCE, THAT THEY DID A LOT OF GOOD ONCE, ► THEY ARE NO LONGER NEEDEDTHEY ARE NO LONGER NEEDED

UNION’S RESPONSE-ON THE UNION’S RESPONSE-ON THE DEFENSIVEDEFENSIVE

► UNION WILL STRESS THAT IN THE VAST UNION WILL STRESS THAT IN THE VAST MAJORITY OF CASES CONTRACTS ARE MAJORITY OF CASES CONTRACTS ARE NEGOTIATED WITHOUT A STRIKE, NEGOTIATED WITHOUT A STRIKE,

► THAT DECISIONS CONCERNING BARGAINING THAT DECISIONS CONCERNING BARGAINING POSITIONS ARE MADE BY THE EMPLOYEES POSITIONS ARE MADE BY THE EMPLOYEES THEMSELVES. THEMSELVES.

► THE UNION WILL AFFIRM ITS DESIRE TO BE THE UNION WILL AFFIRM ITS DESIRE TO BE REASONABLE AND PERMIT THE EMPLOYER A REASONABLE AND PERMIT THE EMPLOYER A FAIR PROFIT.FAIR PROFIT.

MORE UNION RESPONSESMORE UNION RESPONSES

► THE UNION WILL CRITICIZE THE EMPLOYER'S THE UNION WILL CRITICIZE THE EMPLOYER'S CAMPAIGN. CAMPAIGN. THE EMPLOYER IS TRYING TO WIN THE ELECTION BY THE EMPLOYER IS TRYING TO WIN THE ELECTION BY

UNFAIRLY FRIGHTENING THE EMPLOYEES UNFAIRLY FRIGHTENING THE EMPLOYEES OR BY TRYING TO BUY THEM OFF OR BY TRYING TO BUY THEM OFF UNIONS MAKE THE COMPANY LAWYER OR UNIONS MAKE THE COMPANY LAWYER OR

MANAGEMENT CONSULTANT AN ISSUE BY ATTACKING MANAGEMENT CONSULTANT AN ISSUE BY ATTACKING BOTH THE UNFAIR STYLE AND THE HIGH FEES. BOTH THE UNFAIR STYLE AND THE HIGH FEES.

► UNIONS RESPOND TO THE ARGUMENT THAT THEY UNIONS RESPOND TO THE ARGUMENT THAT THEY ARE OUTSIDERS BY STRESSING LOCAL CONTROL. ARE OUTSIDERS BY STRESSING LOCAL CONTROL.

► LARGE UNIONS WILL STRESS THEIR POWER. LARGE UNIONS WILL STRESS THEIR POWER.

EMPLOYEE RESPONSEEMPLOYEE RESPONSE

►HARD LINERS ON EACH SIDE ARE HARD LINERS ON EACH SIDE ARE LARGELY UNAFFECTEDLARGELY UNAFFECTED

►THE FIGHT IS OVER THE UNDECIDEDTHE FIGHT IS OVER THE UNDECIDED►GETMAN CONCLUDES THAT THE GETMAN CONCLUDES THAT THE

EMPLOYER WHO CONDUCTS AN EMPLOYER WHO CONDUCTS AN AGGRESSIVE CAMPAIGN GAINS NO AGGRESSIVE CAMPAIGN GAINS NO OBVIOUS ADVANTAGEOBVIOUS ADVANTAGE

THE MYTH OF THE THE MYTH OF THE INVINCIBLE MANAGEMENT INVINCIBLE MANAGEMENT LAWYER OR CONSULTANTLAWYER OR CONSULTANT

►THEIR STOCK RISES FROM THEIR THEIR STOCK RISES FROM THEIR PERCEIVED SUCCESS.PERCEIVED SUCCESS. MANAGEMENT HAPPY BECAUSE THEY MANAGEMENT HAPPY BECAUSE THEY

WONWON UNION ENCOURAGES THIS BY BLAMING UNION ENCOURAGES THIS BY BLAMING

MANAGEMENT CONSULTANTS FOR THE MANAGEMENT CONSULTANTS FOR THE UNION’S FAILUREUNION’S FAILURE

GOES HAND IN HAND WITH THE UNION’S GOES HAND IN HAND WITH THE UNION’S DEMONIZING CAMPAIGNDEMONIZING CAMPAIGN

WHAT WORKS FOR WHAT WORKS FOR MANAGEMENTMANAGEMENT

►APPEALS TO LOYALTY NOT THREATSAPPEALS TO LOYALTY NOT THREATS►EXPLOIT ADVANTAGESEXPLOIT ADVANTAGES

ACCESS TO EMPLOYEESACCESS TO EMPLOYEES EMPLOYEES RETICENCE TO CHANGEEMPLOYEES RETICENCE TO CHANGE DESIRE NOT TO PAY UNION DUESDESIRE NOT TO PAY UNION DUES

WHAT WORKS FOR THE UNIONWHAT WORKS FOR THE UNION

► LET WORKERS, NOT ORGANIZERS SPEAK LET WORKERS, NOT ORGANIZERS SPEAK FOR THE UNIONFOR THE UNION

►ONE ON ONE CONTACT IS ESSENTIALONE ON ONE CONTACT IS ESSENTIAL►DON’T USE COOKIE-CUTTER MATERIALDON’T USE COOKIE-CUTTER MATERIAL

MASS MEETINGS ARE NOT THE WAYMASS MEETINGS ARE NOT THE WAY MASS LITERATURE DOESN’T WORKMASS LITERATURE DOESN’T WORK

► STRONG INTERNAL COMMITTEESTRONG INTERNAL COMMITTEE KEEPS THE “OUTSIDER” CHARGE AT BAYKEEPS THE “OUTSIDER” CHARGE AT BAY OVERCOMES THE DIFFICULTIES IN GETTING OVERCOMES THE DIFFICULTIES IN GETTING

EMPLOYEE ACCESSEMPLOYEE ACCESS

WHAT ELSE CAN THE UNION WHAT ELSE CAN THE UNION DO?DO?

►PREDICT THE EMPLOYER CAMPAIGNPREDICT THE EMPLOYER CAMPAIGN►FERVOR IS INFECTIOUSFERVOR IS INFECTIOUS

CARE ABOUT PEOPLES LIVES, LISTEN TO CARE ABOUT PEOPLES LIVES, LISTEN TO THEM AND EARN LOYALTYTHEM AND EARN LOYALTY

NLRB REGULATIONNLRB REGULATION

►DESIRE TO PROTECT SO CALLED DESIRE TO PROTECT SO CALLED “LABORATORY CONDITIONS”“LABORATORY CONDITIONS”

►GETMAN SAYS THE UNION IS OVERLY GETMAN SAYS THE UNION IS OVERLY CONCERNED WITH THISCONCERNED WITH THIS THREATS ARE INEFFECTIVE ANYWAYTHREATS ARE INEFFECTIVE ANYWAY EVEN IF YOU WIN THE ULP-YOU GET AN EVEN IF YOU WIN THE ULP-YOU GET AN

ELECTION RE-RUN THAT YOU LOSE ANYWAYELECTION RE-RUN THAT YOU LOSE ANYWAY BARGAINING ORDERS ARE LARGELY INEFFECTIVEBARGAINING ORDERS ARE LARGELY INEFFECTIVE

►YOU DON’T HAVE MAJORITY SUPPORT ANYWAYYOU DON’T HAVE MAJORITY SUPPORT ANYWAY

LIMITATIONS ON UNION LIMITATIONS ON UNION ACTIVITIES BY THE COURTSACTIVITIES BY THE COURTS

►ARE JUSTIFIED BY THE LIMITATION ON ARE JUSTIFIED BY THE LIMITATION ON CAMPAIGN ACTIVITIES BY CAMPAIGN ACTIVITIES BY MANAGEMENT MANAGEMENT

►YET THE MANAGEMENT LIMITATION YET THE MANAGEMENT LIMITATION DOES THE UNION LITTLE GOOD, WHILE DOES THE UNION LITTLE GOOD, WHILE THE LIMITATION ON UNION ACTIVITY IS THE LIMITATION ON UNION ACTIVITY IS SIGNIFICANTSIGNIFICANT

ACCESS RESTRICTIONSACCESS RESTRICTIONS

►ARE TERRIBLY DAMAGING TO THE ARE TERRIBLY DAMAGING TO THE EFFORT TO ORGANIZEEFFORT TO ORGANIZE

►AGAIN THE LIMITATION ON THE UNION AGAIN THE LIMITATION ON THE UNION CORRESPONDS TO THE LIMITATION ON CORRESPONDS TO THE LIMITATION ON EMPLOYER SPEECHEMPLOYER SPEECH

BOYCOTTS BOYCOTTS

► IT IS FREE SPEECH AND ALRIGHT FOR IT IS FREE SPEECH AND ALRIGHT FOR THE CIVIL RIGHTS MOVEMENTTHE CIVIL RIGHTS MOVEMENT

►BUT NOT ALWAYS ALRIGHT FOR THE BUT NOT ALWAYS ALRIGHT FOR THE LABOR MOVEMENTLABOR MOVEMENT