So, you’re managing in a unionized workplace! Whether this is a new experience or you’ve been at it for a while, you likely have questions. Here are some questions we frequently hear from folks who manage staff covered by a union contract:
What’s the same?
The principles of effective management apply whether your organization has a union or not. That means:
- Using a conspire and align approach that focuses on equity, sustainability, and results
- Being intentional about building and cultivating relationships with your team
- Guiding more and do less by getting aligned with your staff on outcomes at the beginning of a project and checking in along the way
- Giving feedback as a part of staff development and seeking feedback from your team
What’s different?
Collective Bargaining Agreements
In unionized workplaces, managers need to understand what is (and isn’t) covered in their organization’s Collective Bargaining Agreements. A Collective Bargaining Agreement (CBA or “contract”) is a written document that contains the agreements reached between management and labor through negotiations. It’s legally binding and enforceable by law.
As a manager, here are some areas of work that you could own that might be impacted by the CBA:
- Hiring and onboarding
- Performance management and evaluation
- Leave policy and procedure
Again, most of the best practices within these work areas will stay the same, but take extra care to ensure that you operate within the outlined protocols. That might mean using a specific job description template for hiring, following particular evaluation processes during onboarding, or submitting proper documentation for the administration of employee benefits.
Conversations that could lead to staff discipline
One major difference in unionized workplaces involves protocols for staff discipline. Weingarten Rights are unique to unionized workplaces, and they state that union members have the right to have a union representative during a meeting that the worker believes may result in discipline.
When considering a performance problem, start by reflecting on your own management practices and assess if there are ways your management could better support the person. Once you’ve decided to have a disciplinary conversation with a union staff member, consider giving them a heads up1. You can say something like:
“I’m hoping to see you improve on [issue], and we’ll spend time today getting aligned on what improvement would look like. If that doesn’t happen, then the next time we meet about this issue we’ll have a formal disciplinary conversation, and you can bring union representation. I am not doing this to be punitive, but I need to hold everyone to the same standards to be fair and equitable.”
Discipline is different from coaching, giving feedback, or setting expectations. Conversations that are disciplinary in nature are not the same as directing work and providing routine supervision, and there are specific rules and protocols to follow for these conversations in unionized workplaces.
When in doubt, check the CBA (bookmark it or print it out to have it handy) and/or ask the designated person at your organization for help.
A little of both: the “squeeze” for middle managers
The “squeeze” that middle managers can feel as a result of their position between leadership and staff persists in unionized workplaces—sometimes even more acutely. The union creates an organized body of non-managerial staff, which establishes power for that group of people (a good thing!). Middle managers who are excluded from the union are management even if they don’t always feel like they are. The union does not represent them, and they are considered supervisors under the National Labor Relations Act, even if they do not participate in higher-level decision-making.
It is important to remember that as “agents of management,” anything middle managers do or say can be attributed to the larger organization. Similar to other employment laws, that means the organization can be liable for the actions of their individual managers.
Setting appropriate boundaries can help middle managers ease the squeeze, and it doesn’t have to be harsh or anti-union! Our friends at Beyond Neutrality say “holding clear boundaries is a way to respect the union and its autonomy.” Here’s a sample script they created:
“I’m glad we have a staff union, and I believe in collective bargaining. I also want to set a clear boundary that, as management staff, I will not influence you or get involved. It sounds like you have important questions. These are good questions to bring to your colleagues in the union or the union representative.”
Ask your manager for additional support and clarity if you need it! For even more tips on managing in a unionized workplace, check out Beyond Neutrality’s Management Communication About the Union resource, and Supervising in a Union Environment.
- The NLRB states that unionized staff have the right to have union representation during an investigatory interview that the worker reasonably believes may result in discipline, and that the worker must request union representation. We recommend that managers remind staff of this right when applicable, and err on the side of permitting union representation when requested to help foster an equitable and pro-union workplace. ↩︎