national labor relations act

1. national labor relations act essentials for business owners By: jennifer s. walther Mawicke & Goisman, S.C. 1509 N. Prospect avenue Milwaukee, Wisconsin 53202 (414) 224-0600 jwalther@dmgr.com

2. nlra • Federal law applicable to all private sector employers involved in interstate commerce. • NOT JUST FOR WORKPLACES WITH UNIONS • Gives employees right to organize and bargain collectively or to refrain from such activity. • Gives employees right to engage in protected concerted activities. • Punishes employers and unions for committing unfair labor practices.

3. nlrb • National Labor Relations Board • Independent Federal Agency • Two primary functions • Determine if employees want a union (if so, which one) • Investigate/prevent/remedy unfair labor practices

4. Protected concerted activity • Section 7: Employees shall have the right to […] engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection …” • Activities must be both: • Concerted • Protected

5. Concerted activity • Conduct engaged in on behalf of others, whether undertaken by two or more employees, or by one employee on behalf of others. • Includes individual employees seeking to initiate, induce, or prepare for group action or voicing group complaints. • If undertaken for an individual’s own personal benefit alone, and does not invoke any group concern, it is not concerted.

6. Protected activity • Engaged in for the purpose of “mutual aid or protection.” • Includes efforts to improve terms and conditions of employment. • Harassment of employer is not protected.

7. Employer and union Unfair labor practices

8. Employer ulps • Employer cannot: • Restrict exercise of protected concerted activities • Interfere with formation of union • Discriminate in employment decisions • Retaliate for participation in NLRB charge • Refuse to bargain in good faith with union

9. Union ulps • Unions also can be charged with Unfair Labor Practices • Unions cannot: • Restrict exercise of protected concerted activity • Discriminate or cause employer to discriminate • Refuse to bargain with employer • Induce individual to engage in unlawful strike • Make threats

10. Union Avoidance Tips & Strategies: Do’s and Don’ts

11. Union Avoidance Tips &Strategies: Do’s and Don’ts • Supervisor-Controlled Conditions Affecting Unionization • Failure to listen and understand before making decisions • Failure to respond promptly, or at all, to questions or complaints • Failure to communicate what employees need to know about the company, its policies, and/or their jobs • Unawareness of employees’ concerns before they become issues • Lack of courtesy and respect • Failure to treat employees equally • Failure to convey a sense of job security • Failure to convince employees that wages and benefits are fair and competitive

12. Union Avoidance Tips &Strategies: Do’s and Don’ts • Cardinal Sins During Union Organizing: • Threats • Interrogation • Promises • Surveillance

13. Union Avoidance Tips & Strategies:Things You Cannot Do • Attend Union meetings or engage in undercover activity • Threaten, intimidate or punish employees who participate in Union activity • Request information about Union matters • Prevent Union representatives from soliciting members during nonworking time • Grant raises, concessions or promises to keep Union out • Question a prospective employee about affiliation with Union, or whether signed an authorization card • Threaten to layoff or go out of business

14. Union Avoidance Tips & Strategies:Things You Cannot Do • Discriminate against or discipline Union advocates more severely than others • State or imply you’ll refuse to deal with any Union • Give financial support or assistance to employees • Visit homes of employees to urge them to oppose the Union • Tie raises, benefits, or bonuses to success or failure, or withhold because of organizing • Use a third party to violate T.I.P.S. (but registered consultants can conduct a lawful campaign)

15. Union Avoidance Tips & Strategies:Things You Can Do • Keep non-employee organizers off premises (not public areas) • Remind employees about benefits they currently enjoy • Inform employees that signing a Union authorization card does not mean they must vote for the Union • Inform employees of the disadvantages of belonging to the Union: possibility of strikes, picketing, dues, fines and assessments • Inform employees the law permits you to hire a new employee to replace any employee who goes on strike for economic reasons • Inform employees that no Union can obtain more than you are able to give

16. Union Avoidance Tips & strategies:Things You Can Do • Inform employees of any untrue or misleading statements made by the organizer; you may give employees correct facts • Respond to employee questions about Union membership • Reply to Union attacks on company policies, practices or individual managers/supervisors • Advise employees of their legal rights under the National Labor Relations Act • If asked, explain how to revoke a signed authorization card • Conduct an aggressive pro-company campaign (hire consultants?) • Continue to administer discipline without regard to Union involvement • Proceed with pre-planned layoffs, promotions or reorganization

17. Certain Things You Can and ShouldSay About Unions • Union members are required to pay dues each and every month • Dues may be deducted from your paycheck before you even get it • If negotiated, a Union shop agreement would require the company to terminate you for falling behind in your Union dues • As a Union member, you would be subject to Union disciplinary procedures, including fines if you choose to work during a strike • You must pay all dues and fines or other obligations to remain in good standing with Union • You might be required to go out on strike and picket, even though you, personally, would prefer to stay on the job • Economic strikers do not get paid or receive benefits, and could be replaced if the company exercises its right to do so • No unemployment benefits are paid during economic strikes

18. Certain Things You Can and should Say About Unions • We do not want a Union and do not need one • The company prefers to deal with employees individually and directly; they don’t need to pay an outsider to intercede • Explain how their wages, benefits and working conditions compare with other facilities in our industry, whether unionized or not • Discuss history of average wage increases in past • The Union cannot guarantee the employees anything • Collective bargaining is a give-and-take process: it may result in the same, more or less (can’t say it will be less) • No Union or law requires the company to agree to anything (there is no STANDARD union contract!!) • Employees do not have to talk with Union organizers at their homes or anywhere else unless they want to

19. Collective bargaining • Employer and union have duty to bargain in good faith • Are the subjects of bargaining Mandatory or Permissive? • Mandatory subjects • Can insist until impasse • Permissive subjects • Bargaining not required and it is a ULP to insist on a permissive subject to impasse

20. Collective bargaining • Examples of Mandatory subjects of bargaining • Wages and benefits • Seniority • Working hours/schedules • Promotions • Discipline/Discharge • Grievance procedures • Union bulletin board use • Drug testing • Hidden surveillance cameras • Dress code changes • Duration of CBA

21. Collective bargaining • Examples of permissive topics: • Defining the bargaining unit; • Settling unfair labor practices; • Identifying company supervisors • Internal union affairs.

22. Collective bargaining • Good faith bargaining • Meet at reasonable times • Negotiate with bona fide intent to reach agreement if possible • Bad Faith Bargaining • Going through the motions • Not making any concessions • Canceling meetings • Delaying proposals • Imposing conditions • Not discussing mandatory topics

23. Collective bargaining • Reaching an Impasse • After engaging in good faith bargaining, parties have exhausted the prospects of reaching an agreement • Once reached, duty to bargain is suspended on that issue • Result of Impasse • Union strike • Employer lock-out

24. Questions? Jennifer S. Walther Mawicke & Goisman, S.C. 1509 N. Prospect Avenue Milwaukee, Wisconsin 53202 (414)224-0600 jwalther@dmgr.com