Why are labor unions are having their moment?

Yesterday I shared about the moment labor unions are currently having, with representation petitions surging 57% over the past six months, and 625% in the hospitality and food service industry over the past decade. 

The question is why. 

To be sure, toxic management, poor workplace culture, and low wages are a factor. But they are a factor anytime a labor union takes hold in a workplace. I'm looking for the reasons our current labor movement is having its moment in time.

Here are my thoughts.

If it feels like labor unions are having their moment, it’s because they absolutely are

Union representation petitions are surging. According to the National Labor Relations Board, they have increased a whopping 57% over the past six months.

Even more astounding is just how many of these petitions are in hospitality and food service industry. According to an NPR analysis, 27.5% of all union election petitions filed thus far this year come from that market segment. Compare that to just a decade ago when the number was a scant 3.8%. That's nearly a 625% increase. 

What was your worst job ever?

The year was 1989. It was the summer between my junior and senior years in high school. I worked as a busboy in the dining room of an assisted living facility. It paid $7 an hour, which was a great wage 33 years ago. 

Clearing tables, however, wasn't the only job duty. Part of my job was to "drive" non-ambulatory residents from their apartments to the dining room for dinner. One resident in particular — who, in hindsight, almost certainly suffered from some form of dementia — would answer her door completely nude. But that wasn't what made that summer job my worst job ever.

I’m begging you, STOP firing union organizers

Brenda Garcia led union efforts at Chipotle as one of its employees. Or, rather, she was one of its employees until last week, when the restaurant chain fired her. 

Employers, I'm begging you, please stop firing union organizers. It's illegal. It's also a terrible union avoidance strategy because you're playing right into their hands.

WIRTW #623: the “blocked” edition

I've probably written more about labor organizing over the past six months than in the prior six years (or longer) combined. It's a testament to the cultural significance of Starbucks, Amazon, Apple, and all of the other high-profile union campaigns happening all over the country.

Every time I post something remotely anti-union, I'm appalled by the number of personal attacks I receive from pro-union advocates. I've been called a corporate shill, stupid, a lousy lawyer, and worse. 

Guess what? You're not my audience. I'm a management-side lawyer. I'm not writing to you. I'm writing to and for business owners. I don't expect you to agree with me, nor do I care if you do. But I do expect that we should be able to have a civil conversation about the issues. When you attack me personally, that civil conversation cannot happen. It will also get you blocked, so why bother?

I will not engage with anyone who demeans or attacks me. But please, by all means keep making yourselves look bad. You're only undermining your own position and helping me reinforce mine.

Here's what I read the past week that I think you should be reading, too.

Series of promotions dooms gay brewery employee’s sex discrimination claim

Midland Brewing Company hired Ryan Boshaw to work as a server. Over the span of nine months, it promoted him three times, to an hourly managerial position, to floor leader, and ultimately to front-of-house operations manager (the second highest ranking position in the business). 

Shortly after Boshaw's final promotion, however, Midland terminated him following a series of performance-related issues and concerns. The brewery had issue with how he handled an issue with customers who found hair in their food. He deviated from his job assignments and interfered with how others performed their jobs. He brough the wrong resume to an interview of a prospective employee. The final straw for the brewery was Boshaw missing a mandatory meeting after texting a co-worker that the meetings were "such a waste of time," and then being no-call/no-show for his shift that evening. The brewery fired him the next day because of his "absence and failure to notify management" in addition to "other issues."

Where's the claim that supports Boshaw's federal lawsuit? 

Labor unions are doing just fine without the NLRB’s help

Over the past decade, labor unions win between 65 and 70 percent of representation elections. Given organized labor's recent more high-profile victories, I expect that number to increase for 2022. So then why is the NLRB hellbent on helping unions win even more?

The NLRB's general counsel, Jennifer Abruzzo, recently filed a brief in a case pending before the Board, Cemex Construction Materials Pacific, asking it to overturn decades of well-established precedent on employers' rights in union organizing campaigns. Specifically, she seeks to:

1. Ban "captive audience" meetings.
2. Eliminate secret-ballot union elections by requiring employers to recognize and bargain in most cases upon the presentation of a majority number of signed authorization cards
3. Prohibit an employer from providing employees legally correct information about how the employer-employee relationship might (will) change once they vote in a union to represent them.

Let's take a look at each of these significant proposed changes.