Yes, the pro-union  Employee Free Choice Act is floundering in Congress. That’s given some businesses the idea that they’ll never see a unionizing effort. Those are exactly the businesses that are most vulnerable.

Consider that (a) the EFCA isn’t dead yet, (b) the White House is busy reorganizing the National Labor Relations Board to reflect the administration’s pro-labor stance and (c) labor leaders have set a goal of increasing union membership by 1.5 million a year for the next 15 years.

Those factors should lead to more vigilance about labor organizing.

Labor attorneys from the firm Fisher & Phillips say there are five major mistakes  complacent companies make that lead to union organizing:

1. Favoritism. It’s the No. 1 reason employees cite for joining a union. The term can mean a lot of things, but here’s what it amounts to:  inconsistent disciplinary action. When some employees feel they’ve been hit with discipline they didn’t deserve, while other employees got a break, expect to seen union sign-up cards floating around.

The solution is twofold: (a) clear policies and (b) managers who follow the policies. One without the other will lead to trouble.

2. Ignored complaints. A main union selling point is “giving employees a stronger voice.” Employees feel they need that voice when they perceive that no one is listening to them. The opposite of ignoring complaints: listening to them and acting on them. That doesn’t mean every complaint is valid, of course. Still, you have to give employees the feeling that at least someone is looking into it and taking some action if needed.

3. Lack of respect. Here’s the recipe for giving employees the idea they’re not respected: Disciplining them in front of others, assigning blame before reviewing the facts and  playing favorites. Those traits give employees the feeling that their managers are enemies, not advocates.

4. Lack of concern about safety. Another weak spot that unions probe: “Your employer only cares about making money, even if it puts you in danger.” The employers’ antidote: safety training, appropriate equipment and clear, uncomplicated guidelines and procedures for responding to and reporting workplace accidents. An extra gold star for employers: Willingness to help employees through the complicated workers-comp process.

5. Noncompetitive pay and benefits. Many are aware of the union promise to “put more money in workers’ pockets.” True or not, it attracts workers who feel they’re being shortchanged.

Now, that doesn’t mean opening up the wallet to every employee who complains about pay and benefits. What you can do:

• Participate in wage-benefit surveys where you can and make sure you are competitive in your industry and your location.
• Be prepared to explain why you’re not at the top of the scale, including the tradeoffs of the other nonmonetary advantages of working at your company — flexible schedules and so on — which employees may not always focus on.
• Be honest with your employees. For instance, if business is down, explain that as the reason for flat wages. The first place a union will attack is perceived dishonesty about pay and benefits.

Tags: benefits, Employee Free Choice Act, National Labor Relations Board, pay, union