This document provides information about unions in America today and strategies for employers to remain union-free. It discusses the history and purposes of the National Labor Relations Act and outlines the declining rates of union membership across industries and states. The document then examines conditions that can lead to unionization at a company and the typical six stages of a union organizing drive. It also presents common campaign themes used by employers to promote remaining union-free such as emphasizing that unionization does not guarantee higher wages or benefits and can result in strikes without pay.

1. Remaining Union Free424 Church Street Suite 1401Nashville, TN 37219611 Commerce Street, Suite 3030Nashville, TN 37203Bob GaskillTennessee Chamber of Commerce & Industry615.256.5141bob.gaskill@tnchamber.orgJames B. PerryDickinson Wright PLLC313.223.3096jperry@dickinsonwright.comMary Neil PriceDickinson Wright PLLC615.620.1753mprice@dickinsonwright.com

2. Unions in America TodayTen Conditions Leading to UnionizationSix Stages of a Union Organizing DriveCampaign ThemesTips to Maintain Union-Free StatusRemaining Union Free

3. Unions in America TodayNational Labor Relations Act, 1935Employees have the rights:To organize themselves

4. To form, join or assist labor organizations

5. To bargain collectively

6. To engage in concerted activity for mutual aid and protection

7. To withhold services and to strike

8. TO REFRAIN FROM UNION ACTIVITIES AND REMAIN UNION FREEUnions in America TodayPurposes of NLRAProvide employees an opportunity to choose a collective bargaining representative, if they want one

9. Foster collective bargaining between employers and unions who represent their employees

10. Remedy Unfair Labor Practices committed by employers and unionsUnions in America TodayThe National Labor Relations Board (NLRB)

11. The US Government Agency established to administer the NLRA

12. Five member NLRB in Washington appointed by President

13. Three Members of President’s party

14. Two members of other party

15. NLRB Regional and Sub Regional Offices

16. 51 offices

17. Changes and Petitions are filed in the offices

18. Memphis and Nashville have officesUnions in America TodayPresident Obama is a strong supporter of unions.

19. Unions contributed large amounts to his campaign and to most democrats

20. He voted for the Employee Free Choice Act as a Senator and said: "EFCA is a starting point but there is more to do. I will use the bully pulpit of the presidency to educate our country about the important role of Unions."

21. Unions in America TodayUnion Membership Has Continued to DeclineThe percentage of American workers belonging to a union increased in 2008, the first statistically significant increase in the 25 years that the figure has been reported, but dropped again in 2009

22. In 2008, union members represented 12.4% of employed workers, up from 12.1% a year earlier (according to BLS). In 2009, Union membership fell by 771,000 to 12.3%

23. Union membership had been falling since the 1950s, when Union members constituted as much as a third of the U.S. workforceUnions in America TodayUnion Membership Has Continued to DeclineThe gains in unionization were largely achieved by federal, state and city government workers - and not at private companies

24. The rates of unionization between the private and public sector are starkly differentUnion Membership: 7.2% of private sector employees - 7.4 million

25. 37.4% of government employees - 7.9 million

26. There are 5 times as many employees in the private sector than in the public sectorUnions in America TodayUnion Membership Has Continued to DeclineManufacturing declined from 12.3% to 11.9%

27. Construction declined from 16.2% to 15%

28. But unionization in "Service Industry" - Social Services, Health Care, Hospitality has been rising for the past few years

29. Among Occupational Groups, Education Training and Library employees had highest rate of 38.1% followed by Protective Services at 35.6%Unions in America Today Union Membership by State in 200920.212.313.911.76.817.015.110.86.315.25.526.616.67.718.811.115.0- 17.915.79.214.219.310.617.5- 11.96.97.013.917.24.76.29.4- 10.48.63.112.65.16.55.76.74.24.54.64.810.95.85.122.35.823.5

30. Unions in America Today Union Membership by State in 2008 & 2009

31. Unions in America Today Right to Work LawsThe Taft Hartley Act of 1947 outlawed the Closed Shop. Unions could no longer require employees to become members as a condition of employment

32. It allowed: Union Shops – which require employees to become members of a union after at least 30 days Agency Shops - which require employees who choose not to become union members to pay the equivalent of dues to the union, as an agency fee

33. Unions in America Today Right to Work LawsSec 14(b) of the Taft Hartley Act authorizes individual states to outlaw the "union shop" for employees working in their jurisdictions

34. Taft Hartley resulted in Right To Work LawsUnions in America Today Right to Work Laws22 states either have constitutional restrictions, or passed laws prohibiting employers and unions from negotiating "union shop" clauses into their collective bargaining contracts:

35. Alabama

36. Arizona (c)

37. Arkansas (c)

38. Florida (c)

39. Georgia

40. Idaho

41. Iowa

42. Kansas

43. Louisiana

44. Mississippi (c)

45. Nebraska

46. Nevada

47. North Carolina

48. North Dakota

49. Oklahoma (c)

50. South Carolina

51. South Dakota

52. Tennessee

53. Texas

54. Utah

55. Virginia

56. Wyoming

57. 28 states and the District of Columbia do not have right to work laws and allow union shops to be negotiated between employers and unions for employees within their jurisdictionUnions in America Today What about the UAW?UAW Membership has declined from almost 1.6 million members in 1979 to 427,521 members as of 6/30/09 and it is still dropping!

58. Campaign ThemesUAW Plant Closings, LayoffsWednesday, June 14, 2006UAW pours money into organizingUnion will use $110M from strike fund to bolster membership and its day-to-day operations.LAS VEGAS –The United Auto Workers approved a measure Tuesday that will shift up to $110 million from the union's strike fund to support recruiting efforts and help pay for the union's day-to-day business operations.The move addresses two key problems that have hit the UAW hard in recent years: a dramatic decline in membership from auto industry layoffs and weakened finances with the loss of thousands of dues-paying members.- - -GM and Ford Motor Co. are cutting 60,000 jobs as part of sweeping restructuring efforts at their struggling North American units. Delphi is axing another 20,000 factory jobs as part of its Chapter 11 bankruptcy reorganization, while other industries with UAW-represented workers, such as aerospace, are also shedding workers.UPI.comPublished: April 1, 2009 at 8:24 AMUAW membership down 7 percentThe United Auto Workers union said membership fell 7 percent in 2008, as job losses in the automotive industry cut into its ranks.In an annual financial report, the UAW said its membership fell to 431,037 last year, the Detroit Free Press reported Wednesday.

59. What is Happening Here?Chattanooga Times Free PressDecember 10, 2009Companies here should expect an uptick in union activity, citing recent charges aimed at Volkswagen by volunteers for local hire, a group supported by organized labor. July 6, 2010The new president of the United Auto Workers union had some harsh words for automakers recently on his first day in office.UAW head Bob King demanded protests against Toyota manufacturing facilities in the United States. He said Toyotas would be safer and of higher quality if they were built at a recently shut-down unionized plant in California rather than at a non-union plant in Mississippi.He said he would try to unionize the U.S. facilities of Toyota and other "foreign" car companies that have lots of American workers on U.S. soil. (Volkswagen is building such a plant in Chattanooga, with the promise of thousands of jobs.)

60. What is Happening Here?Chattanooga Times Free PressSeptember 6, 2010Richard Ray, President of AFL-CIO in Georgia, said he is encouraged by three organizing drives at Atlanta's Hartsfield-Jackson Atlanta International Airport and one of Atlanta's biggest employers, Delta Air Lines.The American Federation of Government Employees is organizing security officers of the Transportation Security Administration; the International Association of Machinists is trying to organize Delta baggage handlers, and the Association of Flight Attendants will begin a unionization vote Sept. 29 for the two-thirds of Delta flight attendants not currently represented by a union.

61. What is Happening Here?The Tennessean August 22, 2010Even as Unions have lost power with the decline in manufacturing, they have found much-needed success in the government sector through influence in government contracts and unionized employee groups, such as teachers and city and state workers.Union workers will play key roles in building the $585 million Music City Center. Subcontractors that employ unions recently won $100 million in contracts on the project.Unions also have been angling for a chance to build a nearby convention center hotel, even offering to help finance its construction with some of their pension funds.

62. What is Happening Here?The Tennessean August 22, 2010 (cont.)Unions have managed a few success stories, especially in heavily Democratic Nashville, where organized labor still wields business clout and political influence through large government employee unions and more than $100,000 in campaign contributions this election cycle.Marcus Pohlmann, a political scientist at Rhodes College in Memphis, said he thinks unions actually are stronger than they used to be in the South, while they struggle to sustain their strength in the North.

63. Percentage of Union Membership by State

64. II. 10 Conditions Leading to Unionization

65. Ten Conditions Leading to UnionizationEmployees Want:Fair WagesFair means competitive with others in similar jobs Fair Treatment Same rules apply to all A Chance to Be Heard An opportunity to make suggestions, complaints or to raise issues.Can these be provided by the employer WITHOUT a third party?

66. Ten Conditions Leading to UnionizationLack of Ability or Care in Screening Applicants. Avoid "Warm Body Syndrome"Check references

67. Pre-Employment drug screen

68. Detailed ApplicationAvoid Overqualified Applicants

69. Ten Conditions Leading to UnionizationFailure to Remove Misfits, Preferably during Probation or Introductory Period. Problem employees rarely get better. Do not lower the standards to meet an employee's performance.

70. Ten Conditions Leading to UnionizationLack of Courtesy and Respect from Managers and Supervisors.Treat others as you want to be treated

71. Supervisors must set an example – Not take advantageTen Conditions Leading to UnionizationFailure to LISTEN to and UNDERSTAND the employee.Active Listening