The fast-food industry has fallen prey to coordinated demonstrations by a number of loosely affiliated groups, rallying around wages, benefits and other conditions. The strategy invoked by these so-called “worker centers ” (or “alt-unions”) is not altogether new, and was actually contemplated by unions like the Service Employees International Union (SEIU) years ago. At that time, an internal strategy memo was leaked, at which point the union’s intent to organize fast food restaurants was made public. While these reports were met with alarm on behalf of food establishments and other service-sector employers, little came of the effort, which fizzled out as quickly as it started.

Since then, however, we have seen a rise of the “worker center” concept, which is a grassroots effort designed to conceal the ultimate motives of the organization (i.e., to funnel potential members to its constituent labor unions) by masquerading as a social-rights group. Because these groups do not consider themselves to be “labor organizations,” they have managed to operate in a shroud of secrecy by avoiding the duty to report their annual finances, while skirting other laws regulating picketing, boycotts, and secondary activity.

The most recent tactics revolve around coordinated one-day walk-outs that have the effect of cloaking participants in limited protection as “strikers,” despite the fact that no labor union is directly involved. These tactics are often accompanied by demands for $15 hourly wage rates (representing more than twice the current minimum), combining the overt efforts of local worker centers with behind-the-scenes support from unions, and other non-profit institutions. The SEIU has been bankrolling many of these efforts, which should come as no surprise given their end objectives.

While it is difficult to ascertain the origins of this concept, it seems to have risen from the ashes of the “occupy” movement, with which Big Labor flirted for a time before ultimately casting it aside. It also combines elements of the grassroots “working wage” efforts that fueled the early stages of the labor movement, along with more recent drives by migrant worker organizations.

Fueled by the advent of social media, the past few years have seen a proliferation of these groups, which now number over 200 and growing. Given the media attention garnered by their demonstrations, it’s fair to assume that they will continue for the foreseeable future. With union membership figures hovering at their lowest rates since first measured, these tactics may ultimately be seen as a way out of the quagmire. It’s too early to determine their ultimate objective, but it stands to reason that they hope to accomplish a number of things related to their primary goal of replenishing the historical losses of organized labor.

Ostensibly, the movement (at least as it pertains to fast-food workers) revolves around a desire to drive up hourly wage rates, using economic and media forces as the primary means by which to exert pressure. At present, high turnover rates in the fast-food industry operate as a substantial obstacle to organizing activity, which is typically confined to one establishment at a time for representation purposes. Higher wages presumably mean lower turnover, which in turn facilitates organizing activity while driving up potential dues revenue.

While it may seem unrealistic, it is fair to assume that the movement has “as a secondary objective” the intent to force vulnerable targets to capitulate by agreeing to neutrality agreements in an effort to avoid further economic pressure. Thus far, name-brand franchisees have been the primary target, but such activities could ultimately extend to smaller independent operations in the fast-food industry, and by extension, to other service sectors as well.

By couching the movement in social terms such as “fairness” and “equality,” the demonstrators are focusing on broad socioeconomic themes. But at the end of the day, the activity is being directed at the employers themselves, and could be utilized to “test the waters” of union sympathy, and ultimately to secure signatures on authorization cards that would be referred to an actual labor organization. In the meantime, unwary managers could be provoked into singling out those who break rank to join the demonstrators, thereby paving the way for unfair labor practice charges that fuel the underlying organizing effort.

While these tactics remain in their formative stages, they could set the stage for a new grassroots organizing model that extends to other businesses, large and small. Although larger service franchisees would appear to be more vulnerable in the short term, no business is entirely immune. Consequently, this is an appropriate time to consider strategies designed to equip your managers with proactive tools to reduce exposure to such tactics, along with the resources they need to react effectively if and when such tactics show up at their workplace.

These resources should include step-by-step guidelines for spotting the early warnings signs of organizing activity, and for lawfully but effectively responding to the onset of picketing or other demonstrations. In the meantime, all developments in this area should be closely monitored for potential encroachment on your business. Some are already in the crosshairs.

Your Fisher & Phillips attorneys stand ready to assist with these and other resources designed to protect your business interests.

This article describes some of those efforts, focusing on new strategies to organize American workers. Unions are struggling to find ways to reach younger Americans, who will be the future of the workforce. Companies that wish to remain union free may need to adjust their strategies as well. Reviewing your organization’s policies, and the way you communicate with your employees, will be crucial to achieving that goal.

Operating At Full Strength

For the first time in more than a decade, the National Labor Relations Board is operating with a full complement of five confirmed Members and a confirmed (rather than appointed) General Counsel. This General Counsel spent the majority of his pre-Board career as an attorney for the International Union of Operating Engineers, unlike the most recent GC who spent most of his career working at the Board.

What do these changes mean? The current Board and GC will be actively pursuing alleged violations of the National Labor Relations Act in an effort to spur unionization. We can expect a much more union-friendly environment than in years past. Unions will certainly look to the Board for favorable rulings and to the GC for Advice Memos that support their cause.

Taking It To The Streets

Reaching beyond traditional organizing campaigns, unions have begun to partner with non-labor groups that share common goals. This past summer, the AFL-CIO entered into a new national partnership with United Students Against Sweatshops. The goals of this partnership are
to “strengthen workers’ rights and build power for students and workers.”
The Service Employees International Union (SEIU) has contributed more than $2 million to New York Communities for Change, which funds the Fast Food Forward movement. Fast Food Forward staged protests in several major cities this year, demanding $15 per hour for workers in the fast-food industry.

Why are unions teaming up with grassroots organizations? AFL-CIO President Richard Trumka’s statement earlier this year sheds some light on this issue: “We are not going to rebuild the labor movement solely through NLRB elections and voluntary recognition by employers, no
matter how smart and strategic our campaigns.”

Building partnerships with non-labor organizations, unions hope to teach young Americans to band together towards achieving a common goal. The challenge for organized labor will be to translate these efforts into concerted activity in the workplace.

#unions

Unions have increasingly turned to social media to promote their interests. Discussing unionization in 140 characters or less, AFL-CIO President Trumka held a Twitter chat on May 6, which reached more than 2,250,000 Twitter accounts during the hour long Tweetchat. The same
day, the AFL-CIO began the Facebook engagement, which attracted nearly 150,000 views of posts in the first four days. The SEIU has more than 40,000 followers on Twitter, up from only 5,400 followers in September 2010.

Why are unions employing social media to reach workers? The AFL-CIO has stated that “The survival and future of the labor movement is directly tied to our ability to engage the next generation of workers and develop the next generation of union leaders.” With more than 50 million active Twitter users in the United States, unions have begun ramping up their efforts to reach a younger audience through social media. We expect to see these efforts continue to grow over the next year, as unions become more social media savvy.

Targeting The South

Recognizing that “the U.S. labor movement has never successfully developed a concerted and coordinated effort to organize workers in the 11 Southern states making up the Southern Region,” the AFL-CIO has resolved to develop (and implement) a southern organizing strategy.
The AFL-CIO Resolution 26 provides few details on how affiliated unions will reach this goal, but does adopt as a “top priority” a “long-term commitment to organize the South.”

Don’t unions typically avoid organizing in “right-to-work” states? After all, employees in right-to-work states cannot be forced to join a union in order to keep their jobs. But companies in right-to-work states should not rely entirely on their right-to-work” laws when considering the possibility of unionization. Unions will continue to seek organizing opportunities
anywhere they believe they can be successful. This includes the South, despite the protections of right-to-work laws.

Shifting Gears

Clearly, unions have begun shifting their focus and priorities. What does this mean for your organization? It means that as unions find more efficient ways to reach out to your employees, your company should carefully evaluate your labor-relations policies and communications. Have you updated your social-media policy based on evolving NLRB rules?
Have you reviewed your confidentiality and off-duty access policies recently? Have your supervisors and managers been trained to respond to questions about your company’s position on unions?

As our workforce continues to move towards an online community, has your organization revisited its online presence? Does your company have active Facebook, Twitter, or other social-media accounts? How do you share your successes with the world, and with your workforce? Do you monitor online forums for negative information about your organization?

Next year, unions will be using new technologies in an attempt to gain the support of a younger workforce. Now is the time to consider whether you are adequately prepared to meet the new face of organized labor.