Union Busting: What it is & how to respond
What is Union Busting?
Union busting is any attempt by management to try to stop workers’ legally protected right to form a union at their place of work. But the National Labor Relations Board (NLRB), the body of the federal government of the United States that enforces U.S. labor law, states that employees have the right to unionize including demonstrating support:
You have the right to organize a union to negotiate with your employer over your terms and conditions of employment. This includes your right to distribute union literature, wear union buttons t-shirts, or other insignia (except in unusual “special circumstances”), solicit coworkers to sign union authorization cards, and discuss the union with coworkers. Supervisors and managers cannot spy on you (or make it appear that they are doing so), coercively question you, threaten you or bribe you regarding your union activity or the union activities of your co-workers. You can’t be fired, disciplined, demoted, or penalized in any way for engaging in these activities.
The right to unionize is protected by federal and international law. For example, Article 23 of the Universal Declaration of Human Rights guarantees the right to form and join trade unions.
What Management Can’t Do
But what exactly can’t management do?
It is illegal for the employer to reward/bribe employees for voting against or being anti-union
Employers cannot forbid employees from discussing or soliciting support for a union during non-working time. Likewise, if employees are permitted to talk about non-work topics during work hours, employers may not single out union-related conversations for prohibition.
Requiring employees to attend meetings where the employer expresses its views on unionization violates the National Labor Relations Act.
They can’t spy or surveil employees participating in union acts
Tactics
There are many tactics employers use in union busting. They may attempt weaponizing emotions and relationships as well as sowing division and fear through scheduled captive audience and one-on-one meetings. But we can combat these tactics by standing together as WCWU. Let’s break down each of these tactics.
Weaponizing emotions and relationships might look like a manager pulling you aside, stating “I thought we had a good relationship. It hurts that you’d bring in a union instead of talking to me directly.” This is designed to exploits feelings of loyalty, guilt, or fear of disappointing management.
Sowing division and fear might look like a manager stating “If the union comes in, newer employees might be laid off to protect senior workers.” It’s designed to create feelings of insecurity or loss by pitting workers against one another.
A captive audience meeting might look like a manager requiring all employees to attend a mandatory meeting during work hours where they then present anti-union messages. This is a “captive audience” meeting because meetings are mandatory and the discussion is one-sided.
One-on-one meetings (or one-on-ones) are when management pull their direct reports into meetings to inquire about union knowledge or activity, and to plant some common anti-union misinformation.
Union Busting Dialogue Examples and How to Respond
The following are examples of common union busting language that may surface during one-on-ones or even captive audience meetings, like forums and town halls. You can enter any conversation with confidence by brushing up on the these few example dialogues:
Management: "Outsiders are pushing for this; I really trusted that you’d talk to me first."
Intent: To weaponize emotions and relationships by trying to paint Whitman College Workers United (WCWU) as an outside influence, but WCWU is us, we know what we need.
WCWU: “We, the workers at Whitman College, are the union.”
Management: “We’re a family here — a union would ruin that.”
Intent: To weaponize relationships and sow division and fear by romanticizing the current work environment and referring to the union as a third party. But we can point out the realistic positives of unionizing and that it’s a collective approach.
WCWU: “Wanting a union doesn’t mean we don’t value relationships here. It’s about having a collective voice and clear protections for everyone.”
Management: "A union won't guarantee you more money."
Intent: To sow division and fear by making you feel that unionizing has no power or sway. But the truth is that without a union, decisions are being made without our voices, leading to false promises. As WCWU, we’ll be at the bargaining table holding management to their promises.
WCWU: “Without a union, we’ll continue to have no agency. With one, every worker will have a voice.”
Management: “We’ve taken the time to hear you and have already made big changes as it is.”
Intent: To weaponize emotions and relationships by making you feel that you should be grateful for bare minimum behavior. The truth is, we can acknowledge good effort changes while also noting that more changes are needed.
WCWU: “The fact that changes happened shows our concerns were valid. A union helps make sure those concerns don’t get ignored in the future.”
Management: "You'll be forced to pay dues.”
Intent: To sow division and fear by making you feel like your money is being taken away rather than going directly back to you through contract negotiation, legal services, and other resources benefiting and protecting yourself and fellow workers. Usually, dues are 1%-2% of a worker’s gross wage.
WCWU: “We will collectively decide on how much WCWU dues are.”
Management: “If a union comes in, we might have to cut hours, freeze hiring, or let people go.”
Intent: To sow division and fear by making you feel that you and fellow workers will be penalized for your actions, but unionizing is legally protected and by unionizing we would be placing the workers’ needs first.
WCWU: “Workers deserve to discuss representation without feeling threatened.”
Now that you know what to look for, which Union Busting tactics are you finding at Whitman College? Try out our Union Busting Bingo!
More Resources on Union Busting: