Covert union avoidance strategies

A cademically speaking, what common management best practices are there to deter workers from organizing a union? — Paper Crane.

Unfortunately, many of these “best practices” are legally questionable, if not outright illegal. Also, they have been silently considered ethically questionable by some human resources (HR) professionals.

I know because I was in a situation where at least three of my prospective employers asked me about my feelings about unions during job interviews. I was flatly rejected when I said I support the establishment of a union, if that’s what the employees want.

At one time, I was asked about how to bust an existing union. I politely ended the job interview. Even today, many of my HR friends still consult me on how to handle those unethical job interview questions as some employers try to explore such actions with their current and prospective HR people.

UNION AVOIDANCE TACTICS
Almost all of these management tactics may constitute unfair labor practices (ULPs) which must be proven in court. They are called gray areas by HR people (sometimes black), which makes it difficult to prove:

One, locating operations in some export processing zones (EPZs). This is preferred by factories that seek out locations with a weak union presence. Some EPZ authorities even silently promote their location as such, promising that they discreetly discourage union formation.

Two, fragmenting or dislocating the workforce. Organizations would prefer hiring only workers from cooperatives or manpower agencies, even if the work to be done is for regular workers. If not, they cycle through the hiring of project-based employees.

Three, rotating workers under a training program. “Noisy” workers or rabble-rousers who have the potential to become union leaders are deployed to far-flung areas. It’s typically accompanied by a promise of a promotion after a yearlong assignment.

Four, cultural and social engineering. This is done by establishing and maintaining an active community relations program by hiring workers from the same locality, organizing feeding programs for malnourished children, operating a day care, or sponsoring sports leagues, religious events, and barangay projects.

Five, hiring workers from a specific religion. These religious groups are perceived to have disciplined members that are less confrontational and believe in the supremacy of organizational hierarchy. Their workers are known to follow the orders of their religious leaders, who reciprocate by recommending them to employers.

Six, promoting a ‘family culture’ narrative. Unions are considered divisive as an external force “not aligned with their family values.” Some organizations even promote a bayanihan (communal spirit) culture.

Seven, signaling fear among the workers. Management would often talk about losing competitiveness, telling workers they can’t afford a labor union because their customers don’t like unionized suppliers whose members may sabotage their products.

Eight, selective enforcement of rules. This can take the form of suddenly enforcing dress code, ID, and absenteeism and tardiness rules. These minor offenses are often directed against perceived union sympathizers.

While the rules don’t change, enforcement becomes strict for no reason at all with the help of line supervisors.

Nine, manipulating the bargaining unit’s composition. In unionized establishments, this is typically done when a new collective bargaining agreement is negotiated. The playbook can call for reclassifying certain job categories as supervisory or confidential, rendering such workers unqualified to become union members.

Ten, giving wage increases, promotions, or bonuses. Usually, this could happen before a union certification election to influence the vote. To avoid any suspicion of manipulation, wage increases may given to all employees, including non-union members.

Eleven, paper compliance. Management can tell people that it “respects their right to unionize” while throwing procedural delays during negotiations, including claims of “lost” all documents and endless clarifications about the company’s future.

Twelve, hiring labor relations consultants. The job of these consultants is to coach line supervisors and managers in coded language about the impracticality of having a labor union. Many times, they are provided with scripts (nothing is written down) to minimize legal blowback.

DECEPTION COLLAPSES
From both my experience and from jurisprudence, many employees eventually see through the façade. They ask, “Why bother pretending?” That is why some workers — especially those who fear retaliation — turn to labor inspections, relying on authorities trained to detect patterns of abuse and hidden management intent.

When these cases reach the labor courts, labels no longer matter. What matters is effect. Courts look beyond job titles, policies, and corporate wordplay to determine whether labor rights were violated.

Yes, unethical managers may delay union formation through illegal tactics — but delay is not defeat. In the end, deception collapses under scrutiny, and no strategy is powerful enough to extinguish the workers’ collective will for dignity, voice, and justice.

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