Very shortly we will install Barack Obama as the new President fo the United States, certainly we are all anxious for a new appraoch to the problems we are experiencing and as a people we have great hope in his leadership.  There is, however, a piece of legislation awaiting passage in the Senate which he has stated he will sign when he becomes president, this legislation is known as the Employee Free Choice Act or EFCA.  Many business organizations refer to this act as "card check".  Mr. Obama was an original sponsor of this bill which in it's present form will eliminate the right of employees to a secret ballot election monitored by the National Labor Relations Board in union organization attempts. 

As a seasoned Human Resources and Organizational Development professional having negotiated over 80 labor agreements and having worked with over 12 different unions in my career, I am concerned that the business community is not prepared for the inevitable passage of this bill.  In essence, the bill will reduce an employer's ability to address issues that arise out of a union organizing campaign, it will expose employees to pressure tacitcs by union organizers to sign authorization cards whether they want to or not, it increases severely penalities upon employers for actions taken during organization, and it will force acceptance of a labor agreement within 120 days of a union becoming certified or risk having an arbitrator set the wages, conditions and hours of employment for the employer.

My consulting business has been contacted by other groups to work with businesses that are "targets" for unionization.  We will review human resources practices, assess personalities of managers and supervisors to identify areas of weakness and we will guide and coach our clients to build better communication with employees.  Imporving communication with employees is the essential element to remaining "union free". 

Don't be caught off guard, be aware of your employee's needs and address these needs before a third party offers to address them.  The best defense is a great offense.