Howard Levitt: Why Workers Turn to Unions and How Employers Can Prevent It
The most powerful union-avoidance strategy ever developed is a well-managed workplace, according to labor and employment lawyer Howard Levitt. When organizing efforts first emerge, employers often panic or freeze, treating employees as liabilities rather than valued team members. This critical moment is precisely when leadership matters most.
The Real Reasons Behind Unionization
Here is the uncomfortable truth that many employers resist acknowledging: employees do not unionize because unions are particularly persuasive. They unionize because management is absent, inconsistent, or fearful. Union campaigns are symptoms of deeper workplace issues, not the causes themselves.
Unions position themselves as saviors of the unappreciated, and they succeed when employees genuinely believe several key things about their workplace:
- Their supervisors are not listening to their concerns
- The company does not genuinely care about their wellbeing
- They face imminent risk of layoff or job insecurity
- There is discrimination or arbitrary application of rewards and punishments
- Wages, benefits, and working conditions are significantly worse than at comparable companies
The Three Primary Drivers of Union Organizing
First, unmanaged supervisors. Favoritism, poor communication, and conflict avoidance represent union organizers' most reliable allies. When frontline leaders fail to manage effectively, they create fertile ground for unionization efforts.
Second, unclear standards. When no one understands what "good" performance looks like, discipline feels random and salary increases appear arbitrary. This inconsistency breeds deep resentment among employees, and that resentment naturally seeks representation through unionization.
Third, fear-driven human resources practices. Common HR responses like "Let's not rock the boat," "Legal told us to wait," or "We'll deal with it later" inevitably lead to problems. That "later" frequently becomes organizing season as employee frustrations build without resolution.
Recognizing the Early Warning Signs
Union drives are never spontaneous occurrences. They leave clear fingerprints that alert employers can recognize:
- A sudden, unusual interest in company policies (often because unions are asking employees to gather information to identify organizational vulnerabilities)
- Group complaints replacing individual concerns
- Employees beginning to speak the language of "rights" rather than performance
- "Friends" lingering unusually long in lunchrooms and break areas
- Management being portrayed as detached and out of touch with frontline realities
- Employees huddled in conversation who quickly scatter when management approaches
The most dangerous sign of all? When supervisors stop communicating with their teams and begin actively avoiding them.
The Union Organizing Process
Unions seldom announce their campaign to organize a company openly. They typically find a disaffected employee or, more commonly, have that employee approach them first. This employee might have worked as a member of that union previously or simply feel dissatisfied with current workplace conditions.
These initial organizers find like-minded discontents and quietly begin collecting membership cards, carefully avoiding anyone perceived as loyal to management. They secure employee lists, home addresses, and social media information to eventually flood workers with promises, then hold meetings where they sign employees up to join the union.
The specific percentages differ across jurisdictions, but when a certain threshold of employees signs membership cards, labor boards typically order a vote. In some provinces, a high enough percentage results in automatic certification without any vote required.
The Legal Landscape
Unions face minimal restrictions on their promises during organizing campaigns. They can freely promise wages, benefits, improved working conditions, or anything else—even things they know they have no realistic prospect of obtaining. There are generally no consequences for such promises.
Meanwhile, if management makes any promise or threat, however truthful, to induce an employee not to sign a union card, they risk automatic certification and significant damages. The legal framework is deliberately imbalanced in this regard, placing greater restrictions on employer communications during organizing periods.
The fundamental solution remains consistent: proactive, engaged leadership that addresses employee concerns before they escalate to the point where unionization appears as the only viable solution. Employers who listen, communicate clearly, and treat employees with respect and consistency create environments where unions struggle to gain traction.
