Engineering Inc. - November/December 2003 - 31

 We feel that unions have their place. But in our firms, we feel we're
doing a good job for our workers. So we're just trying to help our members
be aware of what to do if wage laws, a change that could law and your
firm's rights is fire ABC engineering firm,' then there's union activity
make technicians beholden to key in this effort. All the experts y o u
have evidence that the at their work sites. their unions, rather than to
the i n t e r v i e w e d advised hiring a picket is unlawful. And if you
STEVE WAGNER, e n g i n e e r i n g firms that hire labor lawyer who can
give advice can prove to the NLRB that it is ACEC/MICHIGAN them. on how to
minimize the likeli- unlawful, they can and should Technicians who enjoy
pay hood of pickets while remaining go to federal court to stop the a n d
benefits negotiated by a within the bounds of labor law. picketing, says
Cowen. union now have an allegiance In addition, some advocacy In the
Terracon matter, the to the union that can supersede groups are preparing
for union- N L R B concluded that Mou- t h e i r allegiance to the [engi-
organizing efforts through edu- s a l l e m's questions to union n e e r i
n g ] company, says Russ c a t i o n . For example, ACEC/ organizers were
merely prelimi- Carey, vice president of opera- M i c h i g a n Executive
Director nary inquiries about why a union t i o n s for ACEC member and
Steve Wagner organized work- would be good for workers, not a C a l i f o
r n i a - b a s e d Kleinfelder s h o p s last February to advise prelude
to bargaining. According Inc., which provides geotechni- union. Hourly pay
might go up, A C E C members about the to Cowen, that decision estab- cal
and environmental materi- but workers may no longer get p o t e n t i a l
union activity in lished that managers have to do als testing. over time
work or other perks, Illinois. more engage in some type of T h i s puts
the engineering such as the use of company cars, We feel that unions have
bargaining, or show some sign technician between a rock and a t h a t
Bachner believes many their place, says Wagner. But that they intend to
recognize the hard spot, Carey says. They're employees take for granted.
in our firms, we feel we're doing u n i o n before regulators will
supposed to be providing over- What you want to have is a good job for our
workers. So require a company to negotiate sight on a construction project,
employees who are very satisfied w e'r e just trying to help our with the
union. which many times means pro- with the way things are and who members
be aware of what to do Nonetheless, Cowen and oth- viding criticism of
workers. But understand what can happen if if there's union activity at
their ers caution that when dealing a lot of unions forbid members the
union comes in, he says. work sites. with union organizers, company f r o
m talking badly of fellow Second, firms must work to e x e c u t i v e s
cannot leave an Other Protections, union members. If an engineer- diminish
the impact of picketing impression that they're sympa- Precautions ing
company's `eyes and ears' in at the work site. Knowing the thetic to union
demands. t h e field can't critique other The Supreme Court now recog- If
union organizers come to union members, it puts public n i ze s a reserved
gate system your office and talk to you, just Technicians who enjoy safety
at risk. during union pickets. Under this as common courtesy you might pay
and benefits nego- Wi t h o u t question, the May system, employers provide
sepa- invite them in and let them say tiated by a union now 2002 ruling of
Administrative r a t e work entrances one for what they want to say,''
says Ter- have an allegiance to Law Judge David L. Evans in the the
engineering firm technicians r a c o n CEO David Gaboury. the union that
can Terracon matter indicates that being targeted by the union, and But
just by doing that, it can be supersede their alle- courts can be
sympathetic to the a n o t h e r for all other workers. said that you've
agreed to bar- giance to the [engi- unions. But the NLRB is begin- Un i o
n organizers can picket gain with them. neering] company. If ning to craft
a legal standard that only the entrance used by tech- The reason Terracon
got into an engineering com- may help employers better han- nicians,
allowing other trades- this mess is because they were pany's `eyes and
ears' in dle organizing efforts. m e n to go to work without being polite,
Cowen adds. By the field can't critique crossing a picket line. opening
that door, they opened other union members, Firm Decisions Moreover,
pickets are illegal if themselves up to litigation, even it puts public
safety at Labor experts and lawyers say though it was entirely innocent.
companies can prove that union risk. engineering firms must tackle So what
should you do if union organizers want a site owner to RUSS CAREY, two
challenges when targeted by organizers hand you cards that fire the object
of their picket, KLEINFELDER INC. union organizers. they claim are signed
by workers rather than remedy unfair labor First, firms should educate
wanting union representation? practices. workers in the meritorious rea- C
o w e n says, Don't read the What I usually tell my clients s o n s for
voting non-union in when they're being picketed is: cards, don't take the
cards, and potential secret-ballot elections. go out and ask, Why are you
don't engage in any discussions. According to Bachner, it's h e r e ? What
is the problem? This matches recent suggested essential that employers
point What is it you want me to do?' g u i d e l i n e s from ACEC and
other organizations. out the drawbacks of joining a If the union says,
`You have to N o v e m b e r l December 2003 ENGINEERING INC. 3 1
Engineering Inc. - November/December 2003

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