The Beyond Neutrality Way: Voluntary Recognition

Agreeing to voluntarily recognize a union based on a showing of majority interest sends a strong signal that management respects employees’ right to choose - and helps avoid unintentionally signaling an intent to oppose unionization. Voluntary recognition is an important opportunity to start the process off with a positive, values-aligned step.

Why not ask for an NLRB election?

If you refuse voluntary recognition, the union will file a petition for an election with the National Labor Relations Board [NLRB]. Some nonprofit leaders and Board members think this is the best approach. It sounds fair and democratic, after all. Over and over in our sector, we have seen this result in a misstep. Start with the knowledge that nonprofit social justice employees vote overwhelmingly in favor of unionizing if they do happen to go to an election.

Not only is it unnecessary, but insisting on an election puts management in the company of traditional corporate leaders committed to being union-free. Employees see this position as a refusal to recognize their choice and a stalling tactic to get people to change their minds. The NLRB strengthened its support for voluntary recognition through the recent ruling in Cemex Construction Materials.

How to voluntarily recognize your staff’s union:

Many of your peers across the ecosystem have voluntarily recognized the union. Here are the steps they have taken:

1. Engage a pro-labor attorney to advise you on the process and help you determine which employees are in the bargaining unit.

2. Negotiate a voluntary recognition agreement with the union. This specifies the bargaining unit and how the signatures will be verified to be a majority of the bargaining unit. This is called a “card check.”

3. Jointly identify a third party to conduct the card check to verify signatures (such as a prominent ally or the Federal Mediation and Conciliation Service representative).

4. Celebrate union recognition! Issue a joint statement with the union and communicate your support for the labor movement and respect for employees’ rights to organize and bargain collectively.

Complicating factors to anticipate

Some managers and leaders feel conflicted about complications that make voluntary recognition challenging, and it is important to be prepared in case the following dynamics emerge:

1. Some individual staff may be ambivalent or opposed to the union. They might even ask the employer not to recognize the union.

2. The employer may discover that pro-union employees have not spoken to everyone or formed a cohesive unit.

3. There may be disagreements or divisions within the union, including divisions based on age, race, seniority, or other important identities.

4. The union may request that some frontline managers be included in the bargaining unit, and management may be concerned that to do so would make leading the organization more difficult.

If any of these arise, it’s important to remember that managers are prohibited from dominating or interfering with the union. Staff members should speak to each other or their union rep to address anything they want to change or understand better relating to their union processes.

Stay in your lane

Managers commonly make the mistake of being overly engaged with people who are ambivalent or opposed to the union, which often results in a divided bargaining unit that may not represent collective interests or wisdom.

A divided or weak bargaining unit undermines the integrity and possibility of the collective bargaining process. An organization embracing a pro-union approach will train and equip managers to hold healthy boundaries so that managers don’t contribute to weakening the union or their relationships.

A best practice is to support staff members’ right to organize and make the decision without interference.