Even though the health care debate is the fire right now, EFCA is the simmering pot on the back burner. For employers who face the EFCA challenge, the best defense is a good offense.

Organized labor is energized by the reality that the passing of EFCA will swell their ranks. To protect your company's interests, candidly ask your management team if your company is ripe for union organizing. The recession has caused many  organizations to be vulnerable to employees looking for better times and many employees may think that unionization will achieve an improved life for them.

Here are other questions to be asked by your management team: 
1.  Are our people nervous and discouraged or are they loyal to the goals of coming out of the recession strong?
2.  On a scale of 1 - 10, where is our morale? If morale is low for other reasons than the recession, where does the problem exist? What needs to be done to fix the problem?
3.  Can we create a more supportive workplace through tweaks in health benefits, vacation policies and other related benefits?
4.  Do our managers and supervisors have good relationships with their employees? Management and supervisory training is critical to morale. The immediate supervisor or manager represents the company to the employee. If the relationship with the immediate supervisor or manager is good, then the employee is more content and sees your organization as a good place to work. If the relationship is poor, even in a down economy, your employees will be sending out resumes.

We are not sure when EFCA will be moved to the front burner in Congress, but it makes sense to invest in the people skills and the communication techniques of your managers and supervisors. The style in which they handle conflict in conversations may be your best defense against unionization.

Training reinforces fair and equal treatment by supervisors and managers and that company policies are understood and followed. In addition, team building activities promote a spirit of cooperation and a sense of "we are in this together."

Give your supervisors and managers the tools and the opportunities to forge strong teams and your employees will be less likely to seek union representation.