The Service Employees International Union has set its sights on a
new target: private equity firms. Late last month, the union launched a Web site
and published a paper expressing its concerns about the wave of private equity
deals taking over corporate America and the implications for workers. The SEIU
has 1.8 million members.
"If private equity continues to grow even at half the rate that it
has over the past five years, in five years one in eight private-sector workers
will be working for one of these firms," Stephen Lerner, assistant to the
president of the SEIU, said in an April 24 conference call announcing the new
initiative. "In all of these deals, the workers had almost no voice, no
information about the plans that could impact there lives."
The initiative falls in line with the SEIU’s strategy to organize
employers from the top down—meaning that the union uses corporate campaigns to
persuade employers to allow organizing among its employees, says Gerald
Hathaway, a labor and employment attorney with Littler Mendelson. Whether this
strategy will work with private equity firms remains to be seen, he says.
"Some firms won’t tolerate corporate campaigns, others would," he
says. "It’s a philosophical issue."
In its paper, "Behind the Buyouts," the SEIU discusses examples of
private equity buyouts where workers lost benefits, jobs or both and didn’t have
any say in the process. The union lays down major principles that it would like
to see the private equity buyout industry abide by. These principles include
increased transparency about the businesses and their deals, elimination of
conflicts of interest and giving the workers and community stakeholders a voice
in the deals.
Littler Mendelson generally advises its private equity clients to
meet with the union before a potential buyout is completed, Hathaway says.
Currently, however, the National Labor Relations Board is being urged to review
whether such talks are legal since they could be construed as premature
bargaining, he says.
But barring that, Hathaway believes it’s a good practice for
private equity firms to sit down with unions in good faith. "Every company wants
happy employees, because happy employees mean productive employees," he
says.
That, however, doesn’t mean that firms will bend to unions’
demands. "If the current collective bargaining agreement doesn’t make sense to
the buyer, they would be crazy to take it on," he says.
And the SEIU’s request for greater transparency isn’t going to
happen, Hathaway says. "Private equity means what it says," he says.
The SEIU hopes to use the paper as a starting point for
discussions with private equity firms, analysts and even Congress about
potential regulation, Lerner said during the conference call.
The union, however, is stopping short of seeking partnerships with
other labor organizations, according to John Adler, director of private equity
for the capital stewardship program of the SEIU. Adler also spoke during the
call.
Right now the SEIU believes it makes more sense to focus on the
part of the economy that is not as threatened by globalization. "Seems like
there is a lot of money and opportunity to make things better," he said. "There
are much more complicated issues in other sectors, like the auto industry."
The United Auto Workers probably wouldn’t be amenable right now to
joining forces with the SEIU anyway, given the fact that the union is already
negotiating what it can get if a private equity firm buys Chrysler, says Gary
Chaison, a professor at Clark University in Worcester, Massachusetts.
"I don’t think the UAW wants to make a case against private equity
right now," he says.
—Jessica Marquez