A
labor
dispute
is
an
emotional,
costly,
and
potentially
dangerous
event
for
any
company.
First
you
must
decide
whether
to
continue
operations
and
fulfill
customer
demand
from
the "struck" facility.
Or
you
may
choose
to
discontinue
operations
and
close
down
your
facility
during
the
crisis
situation.
If
the
decision
is
made
to
maintain
operations,
then
how
are
you
going
to
staff
the
facility
and
resume
the
work
deserted
by
union
workers?
Multiple
options
are
considered
below.
- LOCAL
MANAGEMENT
AND
NON-UNION
EMPLOYEES
A
workforce
consisting
primarily
of
in-house
personnel,
such
as
management
and
non-union
employees,
that
are
able
to
shift
duties/departments
to
fill
the
operational
positions
vacated
by
the
union
workforce.
- NATIONAL
MANAGEMENT
AND
NON-UNION
EMPLOYEES
A
workforce
consisting
of
a
combination
of
in-house
personnel
and
personnel
from
other
locations
and/or
business
units.
These
managers
and
non-union
employees
will
generally
be
borrowed
from
facilities
that
are
not
directly
impacted
by
the
strike.
- LOCAL
REPLACEMENT
WORKERS
A
workforce
consisting
of
locally
recruited
replacement
workers
hired
by
the
struck
company
and/or
local
third
party
agencies.
- CONTRACT
TEMPORARY
REPLACEMENT
WORKERS
A
workforce
consisting
primarily
of
skilled,
strike
experienced
workers
from
across
the
nation
that
is
recruited,
hired
and
managed
by
a
national
crisis
labor
staffing
company.
|
| Pros |
LOCAL
MANAGEMENT
AND
NON-UNION
EMPLOYEES |
Cons |
|
- These
individuals
tend
to
know
the
product,
process
and
customers
better
than
anyone
- Salaries
and
wages
aren't
incremental.
Thus,
less
out-of-pocket
expense
than
hiring
replacements
- Company
loyalty
is
a
motivating
factor
|
- Burn-out
and/or
disillusionment
with
Company
caused
by
strike
and/or
resulting
work
environment
- Non-supervisory
employees
may
choose
to
engage
in
protected
activity
by
honoring
a
union
picket
line
- The
Company
will
likely
be
required
to
pay
significant
overtime
(after
FLSA
emergency
exemption
expires)
- Discomfort
of
having
to
cross
through
a
union
picket
line
manned
by
co-workers
- Risk
of
long
term
hostile
relationship
between
union
and
non-union
employees
labeled
as "replacement
workers"
|
| Pros |
NATIONAL
MANAGEMENT
AND
NON-UNION
EMPLOYEES |
Cons |
|
- These
individuals
tend
to
know
the
product,
process
and
customers
better
than
anyone
- Salaries
and
wages
aren’t
incremental.
Thus,
less
out-of-pocket
expense
than
hiring
replacements
- Company
loyalty
is
a
motivating
factor
|
- Same
as
above,
plus…
- Potential
joint
employer
issues
that
could
convert
unlawful
secondary
picketing
into
lawful
primary
picketing
(and
everything
that
flows
from
that,
such
as
exposure
to
sympathy
activity
at
other
sites,
work
disruptions,
etc…)
|
| Pros |
LOCAL
REPLACEMENT
WORKERS
HIRED
BY
THE
STRUCK
COMPANY |
Cons |
|
- No
ties
to
temporary
company/easy
to
end
relationship
with
temporary
employees,
as
well
as
any
company
referring
them
- Wages
and
expenses
are
less
expensive
than
contracting
temporary
labor
- With
proper
planning,
no
labor
law
implications
regarding
joint/single
employer
issues
- Little
risk
of
local
replacement
workers
honoring
picket
line
|
- Low
skill
sets
and
productivity
- High
turnover
rate
- Futility
of
providing
effective
safety
training
(as
a
result
of
turnover)
increases
workers’ compensation
and
other
legal
risks
- Increased
administrative
tasks
such
as
recording
hours,
providing
training
and
imposing
discipline
|
| Pros |
CONTRACT
TEMPORARY
REPLACEMENT
WORKERS |
Cons |
|
- Ready
pool
of
available
resources
who
expect
to
work
long
hours
away
from
home
- Typically
a
higher
skill
level
- With
proper
planning,
no
labor
law
implications
regarding
joint/single
employer
issues
- Wage
rate
typically
lower
than
loaded
rate
of
bargaining
unit
personnel
- No
risk
of
temporary
workers
honoring
picket
line
|
- Cost
of
housing
and
feeding
contract
temporaries
- Administrative
tasks
such
as
tracking
vendor
invoices
and
providing
training
- Recruiting
costs
- Cost
may
be
higher
than
actual
hours
worked
due
to
deployment
minimums
|
Please
feel
free
to
contact
us for
more
information
on
how
we
can
help
you
succeed
through
a
time
of
crisis.
|
