Hi,
First, let us accept a fact that the right to associate is a constitutional right and therefore we cannot do anything to deny that right. Yes, we can do a lot of things to obviate the need for people to exercise that right and to unionize. So let us keep the law out for the time being.
Historically, the unions have oriented themselves as reactionary organizations that grow strong and unmanageable due to legal protection, corrupt administration, political interference (often), and then of course the employers who provide a cause largely by their overly feudalistic, arbitrary, and authoritarian way. Unionization is a response often produced by a sense of insecurity. The blatant feature of such an approach is undermining the humanness of the workforce!
When the management loses credibility, someone else (inside or outside leadership) steps in and gets control over the workers' minds.
Ostensibly, the unions' fundamental concerns are "protecting and furthering" the rights of its members. This is sanctified in the modern industrial world through the "collective bargaining" exercises. But once the unions are formed, they soon leave behind the legal parameters to their functioning and rely on their negative capabilities.
At this stage, I urge you to consider two facts. Firstly, all this is NOT a generalization even if it sounds so, and secondly, I have experienced individuals who are studied and believe in "reason," "mutuality of relations," "continuous dialogue," and the golden rule of "give and take." They practice a deep understanding that the limits to their aspirations of enhanced wages and facilities are set by the performance of the organization and are willing to work for it, yet uncomplainingly accept the reality of the performance levels of the organization. But then they demand information, participation, credibility, transparency, and justice!
With this prelude, let us look at what can be done to avoid union formation! Frankly, NOTHING! One may be able to only postpone the event but never permanently avoid it!
If unions are a reality, why try to escape it? We can develop skills to deal with unions by disciplining our own systems suitably. In a democracy, unions are accepted as a natural consequence. It's just that in our country, we (the successive governments) have pampered them and therefore mostly they have gone overboard! We as employers have also contributed to their negative approaches. Instead of trying to avoid union formation, I would advise the creation of a system in the organization where certain values are sacrosanct! I suggest:
1) Transparency, fairness, participation in decision-making (where possible), and communication by way of sharing should be sanctified as the culture of the organization.
2) At the level of workmen particularly, apart from judicious and humane treatment, what will keep them calm is the feeling and reality that all are treated uniformly and fairly. To this extent, reliance on intelligent rules/systems is advisable. If 80% of issues are resolved through systems, you are extending that assurance of uniform treatment. If decisions are left to human discretion, there are chances of discretion being differently used (due to the exigencies/compulsions of the situation at any given point in time!) and wrong inferences being drawn by the workmen.
3) In short, treat human beings as human beings, and you may not have problems like your neighbors. And to decide what this sky is the limit to your innovation.
In fact, I had explained the process in an earlier thread also. See if you can get hold of that thread.
I hope you succeed in your mission, but more in acquiring skills to effectively deal with the unions! More about that later, please.
Regards,
Samvedan
October 25, 2006