Nonunion employers that want to stay that way can undertake what is sometimes referred to as a "union vulnerability audit" to address key problem areas and measure employee satisfaction.

"The bottom line is, if you are solving problems quickly and your team loves their leader and their work environment, you'll never have to worry about unions," said Phillip Wilson, president and general counsel with the Labor Relations Institute in Broken Arrow, Okla.
Identifying problem areas within the workforce—a key feature of union vulnerability audits—can be beneficial even if a company is not concerned with its employees organizing, noted David Pryzbylski, an attorney with Barnes & Thornburg in Indianapolis.

What Is This Type of Audit?

A union vulnerability audit analyzes the degree to which a nonunionized workforce may be susceptible to a union-organizing campaign, noted Tom Mandler, an attorney with Akerman in Chicago.

"A typical union vulnerability audit analyzes the terms and conditions of employment—job security, pay, benefits, policies, rules, etc.—and compares them to similar employers to determine how they measure up to area standards," he said. For example, if the audit determines that wages are below area averages, the employer should consider pay increases to counter any union-organizing pitch that focuses on increasing wages, Mandler said.

A union vulnerability audit tries to identify locations or departments with existing issues that could trigger complaints,...

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