Make a Thoughtful Response to Employee Labor Activity by Douglas H. Duerr
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2021 Issue 4 |
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he ongoing worker shortage, with little to no end in sight as of the end of 2021, is fueling a wave of employee and labor union activism. Indeed, the month of October 2021 has been labeled “Striketober” by many, with strikes continuing into December as union members reject contracts proposed by their leaders. Labor unions are relishing the moment and the potential for an increase in membership and power, with one labor leader commenting that his union (the Teamsters) expects that more strikes are likely. If you are a smaller operation and (as a reader of this magazine) not in transportation or logistics, you might think you have nothing to fear from this increased activism, but in December, Starbucks, for the first time in its 50-year history, lost a union election at one of its locations. Unfortunately, it is not only employees and unions that are becoming more active. The federal government, in response to President Biden’s campaign promise to be the “most pro-union president ever,” has gotten into the game as well. In a throwback to the Obama administration, not only are we seeing more pro-union initiatives, but there is also a forthcoming and coordinated, multiagency effort to enhance the rights of whistleblowers.
While most (shouldn’t that be everyone?) would agree that whistleblowers bringing forward legitimate concerns regarding legal compliance should be protected from unlawful retaliation, this means that you as a business owner and/or manager need to be extra vigilant in recognizing when an employee is a whistleblower and when an employment action (or inaction) might be considered retaliation. In this context, although the focus of the messaging is on “whistleblowers,” in fact, the federal government’s efforts are directed at all employees who engage in federally protected activity. Thus, while you might think of a whistleblower as someone who complains about workplace safety or issues of food safety, federally protected rights also include things such as complaining about the failure to pay correct wages or about inappropriate jokes of a sexual or other nature, advocating for higher wages (when done with others or on behalf of others) or advocating for collective bargaining rights. It is not all that long ago that employees of franchise businesses, such as BURGER KING and McDonald’s, were
