1. What Unions Today
Don’t Want you to Know
About Cardsigning
Prepared By Projections, Inc.
www.projectionsinc.com

2. I
n this era of underground cardsigning and political agendas, it’s tough to get a feel for where unions will go next.
Unions are organizing in new industries, combining forces where employers might not expect it. These “new”
unions have created an environment riddled with anxiety and fear for employers. Companies both large and small
are being put on the defensive with the use of Corporate Campaigns, being made to justify everything from benefits
changes to workplace safety.
And some of the more reactive practices that companies, consultants and labor attorneys relied upon in the past may
no longer be as effective – or even as viable – as they once were. Employees today are more information-savvy, better
informed, more cynical and far more aware of “spin” than ever before. The key to effective communication is trust,
not strategy. The fact is, today’s environment calls for proactive measures, and education that comes before a union
campaign even gets underway.
1. Here’s the first thing unions don’t want employers to know:
There are ways to communicate proactively with employees about unions - legally, and without fear.
Recently, an employer in Washington - a unionized company - began sharing the company’s position on card
signing with new employees as a part of their orientation process. The meetings consisted of standard new employee
information, commentary by management, and a video about union card signing. When the union challenged the video
as a part of orientation, a local administrative law judge stated that it was unlawful, because he felt that the employer’s
goal was to build up support for a decertification campaign. But the National Labor Relations Board reversed that
ruling and upheld the employer’s right to communicate his position on card signing with new employees through the
use of an impartial video presentation. The company was completely within its rights.
One word of caution: the comments made by managers during these orientation meetings were not as easy to defend
as the video itself was. The truth is, once discussions begin, managers can say things that the company wishes they
hadn’t. However, the videotape that was shown to employees, “Little Card; Big Trouble,” was favorably upheld by
the National Labor Relations Board:
“In sum, the video ‘Little Card, Big Trouble’ merely sets forth the respon-
dent’s privileged views about the potential consequences of signing an au-
thorization card. It contains no threats against employees for signing an
authorization card or any promises of benefits for not signing a card nor does
it make reference to decertification. The respondent has as much right under
Section 8(c) to convey this non-coercive message during a union’s certifica-
tion year as it does during an organizational campaign.”
2. And here’s something else the unions don’t want you to know:
Even unionized employers can make “anti-union” statements to their employees.
It has long been a concern of management labor attorneys, as to whether unionized employers could say anything that
might be construed as “anti-union.” That is, there was a question whether an employer with an obligation to bargain
in good faith in negotiations, or recognize the union under a union contract, could at the same time make statements
that could be construed as anti-union.
But in this case, the NLRB stated, “…freedom of speech is a core value of our constitutional democracy…” “…
employers remain free to express views, argument, or opinion on unionization, or the risks and benefits of signing an
authorization card, so long as ‘such expression contains no threat of reprisal or force or promise of benefit.’ ”
That being said, it’s vital to realize that it’s imperative to communicate carefully. The wrong thing accidentally said by
a supervisor or a manager – anything that could be misconstrued as a threat, any hint of the future that might be taken
as a promise, any of these can be devastating to an employer’s ability to communicate with employees, unionized or
not.

3. 3. So here’s the final thing unions don’t want you to
CASE STUDY know:
A clear, consistent message, delivered without
WASHINGTON NLRB FINDS PROJECTIONS’ interrogation, or promises of better things without a
VIDEO, “LITTLE CARD, BIG TROUBLE” union - is completely legal… and incredibly powerful.
LAWFUL, EVEN FOR UNION EMPLOYERS
In the recent past, a card signing campaign created a
The Projections videotape “Little Card, Big situation that employers could afford to wait to react to.
Trouble” has been favorably upheld in a ruling of Today, smart companies see the value of educating new
the NLRB in Washington, Flying Foods Group employees before a union even has the chance to attempt
Inc., 345 NLRB No. 10 (August 25, 2005). As an card signing.
additional bonus, the NLRB ruled that the video-
tape could be shown to employees of unionized Unions today are looking for members in any industry,
employers, even though it was during a union’s regardless of where their core membership comes from.
certification year and while bargaining with the They are dedicating their efforts to organizing, including
employer for a first contract. In doing so, the allocating hundreds of thousands of dollars to the effort.
Washington NLRB reverses an administrative law This is no whim – it’s a matter of survival, and they will
judge’s suggestion that the motivation for showing explore every industry to find the new members they so
the video was to bring about a decertification of the desperately need.
union. Rejecting this approach, the Board finds the
employer’s motivation in showing the videotape to The Last Word
be irrelevant, as the standard for finding a viola-
tion is an objective one that considers whether the The truth is, some employers are very skilled at
statement, in this case the videotape, had a reason- communicating with employees. And of those, there are a
able tendency to coerce the employee or interfere few who will never need to worry about a union campaign.
with Section 7 rights, rather than the intent of the But for the rest of us, the risk we run by not communicating
speaker. is too great. By seeking out resources that are endorsed
by the NLRB, employers can rest assured that they are
Contact Projections for a full transcript of this making their own voices heard, legally and without fear
NLRB ruling. of reprisals.
Employers today should consider delivering a powerful,
consistent message about card signing to new employees. By providing a message that transcends all barriers and
gives managers a much-needed sigh of relief, smart companies are using the right tools and the right message to keep
their workforce union-free.
As you read this whitepaper on what the unions don’t want you to know, keep in mind that there are a select few
companies, such as Projections, who can help you keep your workforce union free by sharing knowledge gained from
over 25 years of helping employers connect with employees.
Projections
Connecting Through Employee Communications
Since 1979
For more information on our products, please contact us at
877-448-9741
or info@projectionsinc.com
Visit us at www.ProjectionsInc.com