How communicators should respond to (and prepare for) employee unionization efforts
By Jess Zafarris, Content Director, Ragan Communications
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Now well into its second month, the 2023 Writers Guild of America strike marches on, prompting increasingly complex discussions surrounding the future of work, labor unions and writing as a career.
But the WGA’s movement is only one facet of a massive surge in labor activism over the past year and a half, and across industries: Starbucks, Amazon, Trader Joe’s and Chipotle are among the major brands that navigated organizing drives in 2022.
The National Labor Relations Board (NLRB) reported a 53% increase in union representation petitions in 2022 vs. 2021, and a 16% increase over 2022 in the first six months of 2023. During the same period, unfair labor practice (ULP) charge filings saw a YOY increase of 16%.
In short, unionization is on the rise — and it doesn’t appear to be going anywhere.
Internal communications professionals can prepare themselves for conversations with staffers seeking to unionize or take union action with the following steps.
- (Pro)actively listen to employee needs and concerns.
Unions often form as a result of employees not feeling as if their needs are being met and their concerns are not being addressed. While leaders may be frustrated or upset when workers organize, it’s important to remain neutral and remember that their objective is to protect their rights, salaries and career advancement.
Starbucks failed to address concerns about pay, hours and benefits, which prompted its high-profile and contentious relationship with employees as unionization efforts began and employees went on strike over the past year and a half.
On top of that, the company engaged in a great deal of communications practices largely considered by external stakeholders to be union-busting tactics, including “discouraging employees from speaking to reporters and posting on social media, and sending upper management into stores to monitor workers,” which escalated a culture of fear, according to Vice.
Companies that create channels for employees to provide honest and constructive feedback may find themselves in a better place to respond when staffers seek out unionization.
Pulse surveys and focus groups, especially in the immediate aftermath of seismic change, can help companies identify and quantify recurring points of concern that may lead staffers to seek support and protection beyond the company. Crucially, they can also create opportunities for productive problem-solving grounded in empathy. Town halls should not be a function of leadership speaking at employees, but addressing concerns and ensuring an open dialogue.
- Familiarize yourself with relevant laws and regulations.
Yes, it’s your legal team’s job to know this—but knowledge is power, and communications professionals will be on the front line when employees unionize. Once unionization processes have begun, there are many things that internal communications and human resources leads cannot say or express to employees. You should know that beforehand.
Review the National Labor Relations Act (NLRA) for the most official information about what companies can and cannot do when unionization efforts begin, and understand employees’ rights.
The Society for Human Resources Management also has a guide to the union communications, including TIPS (actions that companies cannot engage in: Threats, Interrogation, Promises and Surveillance) and FOE (information that companies can share: Facts, Opinions and Examples).
- Learn what NOT to do from other cases.
Another company with a highly publicized union response is Amazon, which for years was known for subjecting employees to hazardous conditions and limiting necessities such as bathroom breaks.
The company was also aggressive in the way it handled employee communications as it attempted to undermine workers’ unionization efforts, according to the Economic Policy Institute (EPI), which reports that the company spent at least $4.3 million on anti-union consultants. From the comms side, the company’s illegal activity included monitoring which employees voted in union elections and holding captive-audience meetings where management threatened to cut wages and benefits and shut down facilities where union support was strong.
“Moreover, Amazon installed a mailbox to collect mail-in ballots on [a] warehouse property, spurring the impression that the company—not the NLRB—was administering the election,” the EPI reported.
- Engage employees in developing solutions and navigating the unionization process.
Companies that take a collaborative approach to unionization conversations and efforts set themselves up for success — and of course, that starts with two-way communication. If the process is handled well, it can be a good opportunity to improve your company’s reputation, attract talent and garner public support, according to a union response guide in the Harvard Business Review (HBR) created in collaboration with the Aspen Institute and MIT:
If you respond to worker organizing in a combative or dismissive way, you might be putting your company at risk: tarnishing your brand for consumers, poisoning productive workplace relationships, and deterring future talent from joining. If a union does eventually form at your company, you’ll have thrown away an opportunity to build a collaborative relationship.
Avoid tactics like Google’s “Project Vivian,” which aimed “to engage employees more positively and convince them that unions suck.”
- Weigh the impact of words and actions.
Some legal obligations can feel just like that—obligations. The HBR report noted that communications claiming hb the company “respects workers decisions” can backfire “by implying that the company could choose not to respect workers’ decisions.” In contrast, Microsoft announced its commitment to neutrality over whether employees unionized.
Understand that actions, rather than words, speak louder — authentic, meaningful actions, that is. Leadership should avoid empty stunts like sending the CEO to go mop the floor with employees, as these empty gestures are inauthentic and may exacerbate ill will.
The HBR report also advises that even earnest efforts to communicate may not lead to immediate results. Leaders who sit down face-to-face with frustrated employees could find themselves feeling that their words are not received positively — after all, a chat with the CEO can feel like intimidation for lower-level employees.
While unionization will never be an easy process for companies, and mistakes are extremely common, starting on the right foot with open, transparent conversation built on a preexisting foundation of mutual dialogue and feedback will set communicators up for a smoother journey.
Jess Zafarris is a content director, editor, journalist, speaker, social media engagement strategist and creator. Her 13 years of experience in media have included such roles as the Director of Content at Ragan Communications, Audience Engagement Director at Adweek, and Content Strategy Director and Digital Content Director for Writer’s Digest and Script Mag. Follow her on Twitter/Threads/IG and Tiktok @jesszafaris and connect with her on LinkedIn