Death threats against management
ELBONOMICS: A fearful death threat is riddled with poor grammar and spelling.
Two of our department managers who are actively engaged in negotiating a new Collective Bargaining Agreement (CBA) with the union have received death threats. The two managers are very vocal against the excessive demands of the union. What’s the best approach for management? — Talking Tough.
One lazy Saturday afternoon, a retired soldier was talking with his teenage son about his exploits in the military.
He said: “When I was in the Army, we had a drill sergeant who was so tough he used to wear a wig.” The young man was perplexed. “What’s so tough about that, Dad?”
The old man smiles: “Well… he used to keep the wig on his head with a nail!”
We’re amused by this story because work life can be hard on management people, to the point of being life-threatening to some. Short of that, the feeling of being harassed while in a position of responsibility can contribute to sleepless nights. For management, a CBA year is always a critical situation, especially if you have a union trying to use unconventional means to press the approval of its economic and political demands.
A CBA negotiation can become tense in any event, even more so if things reach the point of death threats against management. Instead of having a positive, dispassionate discourse on the new terms and conditions of employment, management now faces the stress of sitting across the table from people who may wish them harm.
How management responds to that negotiating tactic could spell disaster for future labormanagement relations. If management gives in, chances are, the union may develop a fearsome reputation. Management is left with two options – fight or flight.
Before making a choice, let us learn from Brazilian novelist Paulo Coelho: “Only a fool makes threats, and only another fool feels threatened.” Now, let’s explore the following approaches: One, report the matter to the police. Don’t delay. File a report right away
including the complete details on how and when the death threat was received, including the witnesses who received it. This approach is echoed by long-time management lawyer and seasoned labor relations expert — Ranulfo P. Payos, now vice president at the Employers Confederation of the Philippines. Two, request a criminal investigation. This is best done by competent agencies like the National Bureau of Investigation or the Criminal Investigation and Detection Group. An ongoing third-party investigation may put the union in defensive mode, possibly provoking it into unreasonable action. Be prepared for this, but don’t be swayed by any outbursts of union leaders. If this happens, adjourn the meeting immediately. Three, inform the union about
the death threat. Do this formally during a CBA negotiation meeting but be careful not to accuse anyone from the union. Besides, you don’t have clear and concrete evidence yet. “Bring it out in the open by placing it on record in the minutes of the meeting,” recommends management lawyer Apollo Sangalang. “If the union objects to its inclusion in the minutes, request the union to
police its ranks,” says Mr. Sangalang who is the former Executive Director of National Labor Relations Commission. Four, increase the level of security. Install additional CCTV cameras, if necessary and frisk employees during ingress and egress. Include management in order not to be accused of unfair treatment. Request the police to monitor the area. A police report justifies this. Heightened security sends a signal to everyone that management is in command. Last, prepare for any contingency.
Stock up on food and other necessities for the workers and their managers who may need to work 24/7 in the event of industrial action. Hold the CBA meeting inside company premises instead of outside. This could worsen the situation, but management has no choice but to prepare.
Handling a problem like death threats without any planning could make matters worse. It’s not always easy to remain calm in these situations, since the union may in fact be harboring people with malevolent intent.
Once you have determined the applicability of the above measures to your particular situation, anticipate all possible eventualities. Any crisis of this magnitude calls for calibrated, reasonable management action to prevent a situation from deteriorating and return things to normal.
Every step of the way, management should try to take an objective approach in resolving issues with the union. While it’s natural to accuse the union, management must not do it. That advice may seem counter intuitive, but that is one way for you to take it rationally. Accusing the union of sending death threats against management “is most unfair. Sinister really,” according to a highly-respected union lawyer and notable labor law academician who does not want to be identified.
“From my 40 years’ experience, I know unions do not use death threats to win CBA negotiations. Why would unions resort to these? These are unprincipled and surely, ineffective (and) counterproductive” approaches to negotiating an agreement with management.