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The Retail Employer

 March 2007

Unions Dead and Gone? No Way.

by David E. Nagle

Recently a friend invited me to give a guest lecture to his students in a class in VCU’s School of Business. The students were asked to submit essays in advance about the role of unions today, and it was clear that many viewed unions as going the way of pay telephones: you rarely see them, never hear them, and few people have any need for them. Many people think that with declining union membership (about 4% of Virginia’s workforce, about 11% of the nation’s), unions may have lost their ability to make a substantial impact on the workplace. Don’t be fooled. Their political clout is far out of proportion with their membership. Unions weren’t satisfied with promises of support; they conditioned their support on promises by candidates to sponsor their legislative agenda. As a result, they had over 215 co-sponsors in the House for their primary legislative initiative, and it is on a fast track.

The Employee Free Choice Act was such a high priority for the new Congressional leadership that committee hearings and floor debate were deemed necessary in the House. It passed quickly and moved to the Senate, where majority support is certain, but they aren’t sure they can defeat a filibuster. Supporters are evaluating strategic options at this time.

Make no mistake. If the Employee Free Choice Act (“EFCA”) becomes law, it will lead to a substantial increase in union organizing activity--and success. The proposed law would make it much easier for a union to become the certified representative of your workers.

Remember the secret ballot process, conducted under the watchful eye of government agents, used to determine whether employees REALLY want to be unionized? GONE with EFCA. The hard-bargaining process for a first-contract between the company and a newly-certified union? GONE with EFCA, to be replaced by a contract drafted and imposed by an arbitrator, in some circumstances. There’s more, but I’m out of space.

So, a group that represents only 1 in 10 American workers can demand that a new Congress make passage of this legislation one of its very highest legislative priorities, and can insist that virtually every member of its majority be on the bus. Who says that you don’t have to worry about unions hitting your business?

David E. Nagle has been retained by the Association to assist members through the Employment Law Information Program. He has advised and represented employers with respect to legal issues in the workplace for 25 years. David is a partner in the Richmond office of Jackson Lewis, a law firm with 400 employment law attorneys in 27 cities across the country, all representing management. He may be reached at (804) 648-4077, or by email at nagled@jacksonlewis.com

Jackson Lewis offers a nationally- recognized program, “How to Stay Union Free.” For more information, contact David E. Nagle or visit www.jacksonlewis.com.

Calls requesting information on the Labor Law Information Program should be directed to Preston Perrin with the Retail Merchants Association at 804-662-5500.

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Tips for Managing a Stressful Situation

Everyone has experienced it. You are up against a tight deadline or have to give your boss disappointing news about your latest project. Maybe your team is facing a setback and you are responsible for picking up the pieces and making the project work. Or, a piece of equipment is broken and you can’t fill an order for an important client in time. Stress – that all-too familiar enemy – begins to creep up and somehow makes a difficult situation worse.

Stress makes life and work more complicated, but it is also harmful to your health. In fact, the American Journal of Public Health recently reported that both men and women who work in high-stress jobs, such as management, are more likely to have high blood pressure than people who work in low-stress jobs. And, stress at all levels of responsibility affects the company’s bottom line. According to the National Institute for Occupational Safety and Health, a growing number of workers’ compensation claims are related to job stress. That’s why learning to cope with a stressful situation is a critical skill for all managers.

Handling stressful situations is tricky, especially for people with high levels of responsibility. Following these quick tips can help you through your next stressful moment.

Relax. In periods of stress, your body tenses up, especially in your back, shoulders, neck and jaw. Not everyone can escape to the masseuse when stress hits, but you can relax your body by focusing on your breathing and slowly moving your head or jaw from side-to-side or in a circle. Allowing your body to relax helps reduce stressful feelings that can overwhelm you.

Avoid caffeine. Reaching for soda, chocolate or coffee is the quick pick-me-up of choice for many people under stress. But, caffeine’s energizing effects only last a moment. In the end, caffeine makes you more tired and less productive, adding to your stress level.

Laugh it out. You know what they say about laughter – it’s the best medicine. That’s why it’s important to find a few moments for humor at work. Read a comic strip or share humorous stories with a co-worker. Be careful to spend only five or 10 minutes seeking a laugh to avoid getting sidetracked. Focusing on the enjoyable parts of life releases you from the nagging feeling stress brings.

Take a break. Reduce stress by removing yourself from a stressful environment or by being active. Try taking a 10-minute walk around the building or head outside for some sunshine. Put the stressful situation out of your mind during your break. Relax by thinking about family, friends or an upcoming event you are looking forward to. This can help you release stress and re-focus when you return to your workspace.

Set a goal. Handling a stressful situation is easier when you stop concentrating on the problem and begin focusing on how to finish the task. Approach your project as a set of steps that you can easily accomplish in small amounts of time. Creating small, easily reachable goals and deadlines for completing these steps makes large projects seem more feasible. Finally, reward yourself when you’ve finished the project.

You’ll increase productivity and positivism when you combat stress using these techniques. You can boost your entire workforce by sharing these tips with your team to help them handle stressful situations.

This article is reprinted with permission of www.ExpressPersonnel.com. Contact Mr. Lars Nordin at Lars.Nordin@ExpressPersonnel.com if you would like to be added to their distribution list.

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Starting Your Own Business

Many people have a dream to start a business, even have the idea and skills to do the job, but they just do not know how to locate the financing and resources to reach their goal. Several government organizations are available to assist you developing your dream business.

The U.S. Small Business Association (SBA) offers resources to fill in those gaps, helping to make small business dreams a reality. The SBA offers programs and advice to help you grow and succeed in your small business plan.

The SBA has created an interactive checklist that will evaluate your reasons for wanting to start a business, your personal skills and experience and your start-up plan. The checklist even has a financial calculator to calculate the feasibility of starting your own business at their web site. www.sba.gov

The SBA website also lists handy resources to address questions regarding applications for small business loans and business assistance programs. The Small Business Development Center (SBDC) and the Service Core of Retired Executives (SCORE) offer free one on one counseling sessions for those interested in starting their own business.

A step by step guide to creating your business plan is also available through the SBA, including lessons on strategizing for your business to succeed, outlines to help draft your plan and even a glossary of terms often used in business. They also list sample plans for all kinds of businesses.

This article is reprinted with permission of Mike Dunleavey, mikedunleavey@iib.ws, Executive Associate - Business Support Center - Retail Merchants Association.

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