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Unions ("Taking Stock of the Changing Labor Laws Landscape" continued from page 38) Hendricks, (1.) don't have a bad attitude at work; (2.) be courteous to customers, fellow employees and vendors; (3.) don't use profanity in the workplace; and (4.) no unauthorized interviews with outside callers – instead refer all inquiries to management or Human Resources. All of the above would restrict union organizing activ- Be the #1 Dealer with the World's #1 Business Analytics #1 Mobility Solution #1 Business Management Software All on a Single, Fully-integrated Dealer Management System B4 Consulting helps you lay the foundation for success with SAP software. Integrating and optimizing all your business operations, SAP gives you access to real-time information – anytime, anywhere, and on any device. Be the #1 Dealer with B4 Consulting For a Free Consultation, Email: hem@b4-consulting.com ity, Hendricks explains, including the last directive. Picture a scenario in which a union organizer calls an employee to request information about other employees (aka their home addresses and phone numbers), something most employers would obviously forbid for legal reasons yet is permitted by the NLRB. An aside: Hendricks cautions that if you think your employees don't know about the NRLB, think again. Spouses, other family members and friends can fuel an angry employee with the information they need to retaliate. Unions and the NLRB During the 2008-2012 Obama term, the NLRB redefined "protected concerted activity," a provision in Section 7 of the National Labor Act of 1935, intended to protect employees' rights in collective bargaining. In fact, all the social media cases discussed above were battlegrounds for shaping the new interpretation of protected concerted activity, and the board has been breaking down barri- ers that could potentially hinder organizing campaigns, according to Hendricks. The more liberal the interpretation of Section 7, the freer union organizers are to penetrate a dealership or any employer's facility, he reasons. But why do employees join unions in the first place? Hendricks says it's almost never about wages. "Bad management is the key to it, and poor commu- nication. Make sure you're getting your messages across and treating employees with respect," said Hendricks. Another appeal of unions is the cost of healthcare – while premiums rise and employers ask employees to shoulder more and more of the increases, unions lure workers with the promise of free healthcare, Hendricks says. "Bear in mind," he said, "they can promise anything during a union organizing campaign that you as an employer can't." The main disadvantages of unions for an employer can be both tangible and intangible. Labor negotiations take a toll psychologically as well as financially – employment lawyers are not non-for-profits, after all. But the strain on the dealer's "team" is perhaps the worst consequence. "It becomes an 'us versus them' mentality," said Hendricks. "It's very divisive in a shop. Unions reduce your right to manage your workforce." He recommends training all supervisors to recognize B4 Consulting, Inc. +1 877 777 9480 www.b4-consulting.com 40 | www.cedmag.com | Construction Equipment Distribution | November 2012 the early signs of union organizing activity: n Employees are becoming aware of things they weren't