AAcademically speaking, what are management's general best practices for preventing workers from organizing a union? – paper Crane.
Unfortunately, many of these “best practices” are legally questionable, if not outright illegal. At the same time, they have been quietly considered ethically suspect by some human resources (HR) professionals.
I know because I was in a situation where at least three of my potential employers asked me about my feelings about unions during a job interview. When I said I supported forming a union if that was what the workers wanted, I was flatly rejected.
At one time, I was asked how to end an existing union. I politely ended the job interview. Even today, many of my HR friends still seek advice from me on how to handle those unethical job interview questions as some employers try to figure out such actions with their current and potential HR people.
union avoidance strategy
Almost all of these management strategies can constitute unfair labor practices (ULP) that must be proven in court. HR people call them gray areas (sometimes black), making it difficult to prove:
One, locating operations in certain export processing zones (EPZs). It is preferred by factories that seek locations with a weak union presence. Some EPZ officials quietly publicize their positions this way, promising that they discreetly discourage union formation.
Two, fragmenting or displacing the workforce. Organizations would prefer to hire workers only from cooperative societies or manpower agencies, even if the work to be done is for regular workers. If not, they run a cycle of hiring project-based employees.
Three, rotating employees under a training program. “Noisy” workers or troublemakers who have the potential to become union leaders are deployed to remote areas. Usually it also comes with the promise of a promotion after a year's work.
Fourth, cultural and social engineering. This is done by hiring workers from the same locality, organizing feeding programs for malnourished children, operating day cares, or establishing and maintaining an active community relations program by sponsoring sports leagues, religious events, and barangay projects.
Fifth, hiring workers from a specific religion. It is believed that these religious groups have disciplined members who are less confrontational and believe in the supremacy of organizational hierarchy. Their employees are known to follow the orders of their religious leaders, who in turn recommend them to employers.
Six, promoting the 'family culture' narrative. Unions are viewed as divisive as an outside force “that is not consistent with their family values.” Some organizations even promote it statement (Communal feeling) Culture.
Seven, a sign of fear among the workers. Management often talks about losing competitiveness, telling workers that they cannot afford a labor union because their customers do not like unionized suppliers whose members may spoil their products.
Eighth, selective enforcement of rules. This may take the form of suddenly enforcing dress codes, IDs, and absence and tardiness rules. These minor crimes were often directed against alleged union supporters.
Although the rules do not change, enforcement becomes stricter without reason with the help of line supervisors.
Nine, manipulating the structure of the bargaining unit. In unionized establishments, this is usually done when a new collective bargaining agreement is negotiated. The Playbook may call for certain job categories to be reclassified as supervisory or confidential, making such employees ineligible to become union members.
Ten, giving a salary increase, promotion, or bonus. Typically, this may occur before a union certification election to influence the vote. To avoid any suspicion of manipulation, pay increases can be given to all employees, including non-union members.
Eleven, paper compliance. Management may tell people that it “respects their right to form a union” while creating procedural delays during negotiations, including claims of all documents being “lost” and endless explanations about the future of the company.
Twelve, hiring labor relations consultants. The job of these consultants is to train line supervisors and managers in coded language about the impracticality of forming a labor union. Many times, they are provided with a script (nothing written) to reduce the legal blow.
deception collapses
From both my experience and jurisprudence, many employees ultimately see through appearances. They ask, “Why bother pretending?” That's why some workers – especially those who fear retaliation – turn to labor inspections, relying on trained officials to detect patterns of abuse and hidden management intent.
When these cases reach labor courts, the labels do not matter. What matters is impact. Courts look beyond job titles, policies, and corporate wording to determine whether labor rights have been violated.
Yes, unethical managers can delay union formation through illegal tactics – but delay is not defeat. In the end, the deception collapses under scrutiny, and no single strategy is powerful enough to erode workers' dignity, voice, and collective desire for justice.
Find the answer to the age-old question – “Why do people hate HR?” Join Ray Elbow for his public workshop on February 20, 2026 on “Lean HR: Removing Waste from People Processes.” For details, see link https://reylbo.com/contact-us