With a name like “micro-union,” you may not expect much trouble. After all, if it’s “micro,” how can a union hurt your business?
In reality, however, micro-unions are a huge threat to every business owner in Virginia. Unless they are stopped, we can expect significant labor activism to disrupt workplaces across the Commonwealth.
Working with Virginia business owners, our state’s policymakers have achieved a business-friendly climate that is the envy of the nation. When other states are stagnating, Virginia is attracting world-class companies that create jobs and boost our economy. Our attractive business climate is under threat if the National Labor Relations Board’s recent micro-union decision is allowed to stand.
What exactly is a micro-union? It’s something new, so you may never have heard of it – until now. In 2011, the National Labor Relations Board (NLRB) changed the standard for a collective bargaining unit in a case called Specialty Healthcare. Now – thanks to what is nothing less than a major reinterpretation of the law – a very small group of employees, as few as three or four, can form a union within a workplace.
Allowing micro-unions has long been a goal of union bosses. They often have trouble convincing the majority of workers to form a union. The declining rate of union membership – especially in the private sector – is evident since most workers don’t want to be unionized. But with micro-unions, a small group of pro-union workers can organize and unions will gain a foothold in a workplace.
This isn’t a theoretical threat; it’s already happened. Earlier this year, the Retail, Wholesale and Department Store Union petitioned the NLRB to represent only sales associates (not sales assistants) in the women’s shoe departments who are paid by commission in Bergdorf Goodman’s retail store on Fifth Avenue in New York. Under prior NLRB precedent, this outrageous demand never would have been granted. It makes no sense to unionize only some women’s shoe department workers when the rest of the workforce remains non-union. The workers in this department aren’t doing substantially different work than the retail employees in the women’s shoe department or any other department.
Because of the “Specialty Healthcare” decision, however, the NLRB granted the union’s request. Now the workers in the women’s shoe department have their own micro-union. There is nothing to stop the workers in the men’s shoe department from forming their own union or the workers in the children’s clothing department from forming another union or the workers in the jewelry department from organizing yet another union. There could be dozens of unions at this one retail location.
Labor bosses love this situation, but employers can clearly see the hassle it will cause. Anyone who has gone through a unionization drive knows how much it can cost in legal fees, time, and energy.
Imagine going through multiple unionization drives as each separate category of workers decides to form a micro-union. Then imagine having three or five or ten different contracts for each micro-union, with differing pay scales, benefits, and work rules. It’s an administrative nightmare that no business owner wants to face.
Of course, multiple micro-unions will also lead to division, disharmony and disruption among the workers. Unions will vie for workers to join one micro-union over another, since there is no bright line to define the collective bargaining unit. These micro-unions will also stifle upward mobility among workers, making it impossible to cross-train and move workers to different departments to learn different skills. That, too, is something that will increase employee resentment and affect workplace harmony.
With micro-unions, it doesn’t matter what state labor policy is. Unions can target any of our businesses to organize a micro-union. At any business there are likely to be a few employees who are receptive to the siren call of Big Labor. And if they decide to organize there is little employers or the majority of their fellow workers can do. When that happens, all of a sudden you are dealing with all the headaches a micro-union can bring.
Union cronies have desired this type of stealth unionization for decades. Now that the NLRB is in under the control of the most pro-labor members we’ve ever seen, they are getting their way. U.S. labor law never allowed micro-unions before this unelected, unaccountable board changed the law by bureaucratic fiat.
Members of the House of Representatives and the Senate have introduced legislation to overturn this decision, but it is languishing in the face of strong opposition from union-backed members of Congress. It’s up to business owners and workers like you to raise the alarm about micro-unions and other giveaways to union bosses. It’s up to us to support candidates who know about this issue and take a stand in favor of workplace fairness. If we don’t stand against this type of blatant union giveaway, we stand to give up on our economy’s future.
