It is no secret that labor unions in the United States have been on a decline in membership since the 1970's.  The loss of most of the world's largest manufacturing plants and a move to a service and consumer based economy has contributed to labor's demise.  Attempts in recent years by labor organizations such as the Service Employee's International Union (SEIU) along with various other groups to organize hospitals, retail establishments, janitorial companies, etc. have increased as our manufacturing base has decreased, however most attempts have met failure.  The reasons behind labor's failure to organize these groups are many but the main reasons include:

• Management's ability to control access to employees
• Companies utilize time limits in current legislation to it's fullest to exhaust labor's organizing efforts
• Challenging unionization attempts by demanding a secret ballot election through the National Labor Relations Board to insure each employee can vote without intimadation
• Sanctions against employers for possible Unfair Labor Practices (ULP's) amount to neglegible fees

The Employee Free Choice Act (EFCA) will address these by:

• Making it illegal for management to hold meetings with employees to present their case of why a union is unnecessary
• Reduce time limits requiring a company enter into negotiations with a union within 10 days of a union being sanctioned by the NLRB
• Eliminating the opportunity for a company to challenge a union's organization attempt with a secret ballot vote. 
• A union will be recognized as the sole representative for a collective group of employees by presenting authorization cards signed by 50% plus 1 of the identified group, NO SECRET BALLOT
• Should the company and the union not reach agreement on a contract within 120 days of the union being recognized, an arbitrator will be assigned to finalize the sections of a contract remaining.
• The intial contract will be in effect for 2 years with no chance for employees to decertifiy

Given these very extensive changes to current labor law in the United States companies need to begin, if they have not already done so, to evaluate their human resources policies and procedures and the strength of the communications between management and employees.  Unions are not successful where employees "preceive" fairness and credibility of management in their organizations.  Often a company should engage an outside consulting firm to conduct opinion polls, human resources audits, personality assessments and review of employee litigation claims to determine the "health" of the company's relationship with it's employees.  An outside firm can present an honest and unbiased report to management versus using internal personnel.

We have identified in this article organization attempts with typically lower paid and lower level employees, it should be noted that groups traditionally not known to be union organizing targets ARE attempting to organize.  Groups such as doctors, engineers, and other professionals are seeking to organize just as non-professional groups have done so for decades.  The same activities to determine the "health" of relationships should be employed with these groups as well.

The message is clear, companies need to begin to prepare for sweeping changes in labor law if not in 2009, certainly in early 2010.  Becoming unionized will NOT be automatic if companies dedicate efforts to communicate more effectively with employees and address their issues in timely and effective ways.