In last month’s column I discussed the role of supervisors as a company’s first line of defense against unions. Most employers understand that the supervisor is often both the voice and the face of the company to the workers that he or she oversees. What many employers don’t realize is that the supervisor is also the company’s legal representative.

Many employers have been shocked to find that they are legally liable for a supervisor’s actions, even though that conduct was neither known nor authorized. Consider the following real life example:

In one case, a union official handed a shift supervisor a stack of membership cards allegedly signed by the company’s employees. Expressing his disbelief, the supervisor examined the cards to see if the signatures were genuine. The company declined to recognize the union and suggested that the union petition the National Labor Relations Board (NLRB) for a secret ballot election to determine the employees’ wishes for representation.

Instead, the union filed unfair labor practice charges at the NLRB alleging that the company had already voluntarily ascertained the union’s majority support by examining the cards, thereby waiving the right to an election. The result: the union prevailed and the company was ordered to recognize and bargain with the union without an election.

For this example, a well-trained supervisor would have avoided the whole mess by refusing to speak with the union official or directing him to make an appointment with an appropriate management representative.

If you, the employer, are going to be responsible for your supervisors' words and actions, you better be sure they know what to do and say.  

Most sophisticated employers have training programs for their supervisors. The topics include technology, production, safety and human resources. Since the cleaning industry is incredibly labor-intensive, it is natural that most supervisory training will focus on labor issues. When I consult with clients about setting up training programs, I recommend the following:

• Training is more effective away from the business and outside of working hours. This eliminates distractions. For the same reason I ask people to turn off their cell phones.

• It’s better to hold several short sessions than one long session. I generally plan my training classes to last around one hour. After that, people begin to run out of patience.

• The training material should be tailored to your specific company. There are lots of good training materials available commercially; however, I find that discussions that are geared to your policies and your workplace are far more interesting to your employees. If the company has had a recent case, I use it in the training.

• The training material should be up-to-date and professionally prepared. Labor law is a minefield: it is very technical and changes constantly. If you want your supervisors doing the right thing, you have to give them the right information. Vary the topics and presentations; giving them the same thing over and over is a sure recipe for boredom.

• Make training a regular occurrence. When a company holds training sessions two or three times each year, people come to regard it as a normal part of the job rather than just an occasional annoyance.

• The training sessions should be attended by top-level managers. This has two beneficial effects: it demonstrates high-level commitment to the training and it puts managers and supervisors on the same page.

• Lastly, remember that training does not end at the classroom door. It is a continuous process. Supervisors must be able to reinforce the lessons they have learned by being able to freely consult with their managers and HR. This promotes continuity and consistency.

If this sounds like a lot of effort and expense, I agree. However, good training is a lot cheaper and easier than litigation.

Perry Heidecker is senior counsel for Milman Labuda Law Group PLLC, Lake Success, N.Y. The firm is a full-service Employment Law practice focused on counseling, preventive advice and training, policy and procedure design, representation before administrative agencies, litigation, and appeals.




POSTED ON: 6/12/2012