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  1. Employment Law & Compliance
  2. After Losing a Union Campaign: Steps to Succeed with New Reality
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After Losing a Union Campaign: Steps to Succeed with New Reality

September 17, 2026 | Margaret M. Clark, J.D., SHRM-SCP

Two professionals shaking hands.

After a contentious union organizing campaign or an employer choosing to be neutral during organizing efforts, how the employer responds after a union wins an election is critically important.

Most union-represented workers say representation has improved their working conditions, though confidence in employer responses to organizing is limited, according to SHRM’s July 2026 Current Events Pulse survey. Roughly 33% of U.S. workers surveyed said their workplace is unionized, including 24% who are union members. Among workers at organizations with unions, 74% agreed that union representation has improved working conditions in their workplace. According to workers at organizations without unions, only 16% felt very or extremely confident that their employer would respond constructively to union organizing activity, while 37% felt not at all confident.

Most organizations are not unionized, and many HR professionals feel unprepared to respond to organizing activity. Nearly 3 in 4 (73%) HR professionals said their workforce is not unionized and has not seen union organizing activity, while 6% said their workforce was not unionized but they had seen union organizing activity. In contrast, 21% said their workforce is fully or partially unionized. 

What might these findings mean for employers that have recently weathered a union organizing campaign and its aftermath, and have spent months negotiating a now union-ratified collective bargaining agreement?

HR Q&A: What can management do during a union campaign? 

For the Long Haul

“Once the collective bargaining agreement is signed, you’re bound to the union, and they’re, realistically, not going anywhere. So, it can make sense to treat them as a business partner and collaborative teammate,” said Ryan Sears, an attorney with Ogletree Deakins in Washington, D.C. “A union that feels respected can be a force multiplier, helping employees buy into the mission and take pride in the workplace. The hope is that this becomes a competitive advantage,” said Sears in an email. 

Cary Burke, an Atlanta attorney with Lee Meier and Burke LLC, expressed a similar view. “It’s easier to catch flies with honey than vinegar. Smart employers know that a mature — or at least cordial — bargaining relationship generally overcomes any lingering friction or bad feelings stemming from the election and its aftermath,” Burke said. “And more simply, being nice to the folks on the line and their spokespeople is just good business.”

Costly Conflict or Generative Grievance?

Employers that gird for battle with their incumbent unions are not doing themselves any favors. “Constant conflict may be costly and take a toll on both sides,” said Raeann Burgo, an attorney with Fisher Phillips in Pittsburgh. “That can mean that every disputed decision becomes a grievance, which risks turning into an expensive arbitration that distracts both management and employees from their jobs. If the parties do not trust each other, it can be a long and difficult process for management to make changes — even those that benefit employees.”

Nevertheless, having a process — the grievance procedure — through which workers feel safe stepping forward if there is a dispute or a safety issue, for example, “is really good for employer and union relations,” said Kate Bronfenbrenner, director of labor education research at Cornell University’s School of Industrial and Labor Relations. “That makes workers more settled, more secure. Because of that, they do better work.” While not necessarily captured in measures of productivity, the quality of the work improves, she said. 

More than Good Manners

Leveraging the value of a collective bargaining relationship involves more than just being polite. Fundamentals include mutual respect and good communications at all levels: between business and union leadership, as well as among supervisors, employees, and their union representatives. 

“Communicate proactively and treat the union as you would want to be treated if you were in their shoes, not purely out of obligation,” Sears said. “Share the state of the business, your goals, and the principles behind your decisions so your actions never appear arbitrary or surprising.” Day-to-day, “follow the contract,” he said. “Don’t try to score points. That builds trust, and trust makes everything else work.” 

Other experts agree that consistency and communication are key. “Meet with union leadership on a regular basis and not just when a problem arises,” Burgo said. “Regular discussions build familiarity between the parties that stops small disagreements from turning into grievances and unfair labor practice charges.”

“Don’t just sign the agreement, but recognize the union as a resource,” Bronfenbrenner said. “Talk to the union representatives. Fully respect the grievance process and the information-sharing process.” An adversarial relationship creates fear; a more collaborative approach means good employees are more likely to stay, she said.

Newsletter: Subscribe to SHRM Workplace Compliance News

On the Ground

Every HR professional knows that first-line supervisors influence nearly every measure of organizational success, including engagement, productivity, quality, safety, and profitability. That awareness should make it easy for HR professionals, as well as managers and supervisors, to grasp the importance of union stewards in maintaining positive union-employer relations. 

“Stewards can be a manager’s best friend or toughest foe,” Burke said. “An employer disregards the steward at the employer’s peril.”

Bronfenbrenner also emphasized the importance of stewards. When an employee with a potential grievance goes to the steward, the steward decides whether the matter should go forward, she said. Matters can sometimes be nipped in the bud without any formal procedure. 

On the other hand, employers should not fear grievances. “Grievances are a sign that there is a trusted process,” she said. “Use the procedure. Recognize the value of the stewards and work with them to resolve disputes.”

Hold Steady

Once a three-year contract has expired, or during a certain window period before expiration, members of a bargaining unit who have lost confidence in their union can petition the National Labor Relations Board to decertify it as their exclusive bargaining representative. Even if decertification is on the horizon, Burke encourages employers to “mind their P’s and Q’s when it comes to the union. If decertification happens, the employees who hang on still have to work for the employer. That relationship is easier to mend when the hard feelings are limited.”

Margaret M. Clark, J.D., SHRM-SCP, is a freelance writer in Arlington, Va.

Labor & Employee Relations
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