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THE NEW UNION ORGANIZING THREAT

THE NEW UNION ORGANIZING THREAT. H. Mark Adams Steve Cupp Sidney F. Lewis. EMPLOYERS REQUIRED TO POST NOTICE OF EMPLOYEES’ RIGHT TO UNIONIZE. RIGHT TO FORM AND JOIN UNIONS AND BARGAIN COLLECTIVELY WITH EMPLOYERS ENGAGE IN OTHER PROTECTED CONCERTED ACTIVITIES

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THE NEW UNION ORGANIZING THREAT

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  1. THE NEW UNION ORGANIZING THREAT H. Mark Adams Steve Cupp Sidney F. Lewis

  2. EMPLOYERS REQUIRED TO POST NOTICE OF EMPLOYEES’ RIGHT TO UNIONIZE • RIGHT TO FORM AND JOIN UNIONS AND BARGAIN COLLECTIVELY WITH EMPLOYERS • ENGAGE IN OTHER PROTECTED CONCERTED ACTIVITIES • REFRAIN FROM ENGAGING IN ANY OF THOSE ACTIVITIES • 11” X 17” POSTER AND TRANSLATIONS • EXEMPTIONS FROM NEW POSTING REQUIREMENT • NO INSPECTION FOR COMPLIANCE • NO FINES OR PENALTIES

  3. D.C. CIRCUIT DECISION • MARCH 2012 – D.C. CIRCUIT JUDGE FINDS NLRB HAS AUTHORITY TO REQUIRE NOTICE • JUDGE FINDS BOARD HAS NO AUTHORITY TO FIND AN AUTOMATIC UNFAIR LABOR PRACTICE IF NOTICE NOT POSTED • JUDGE ALSO FINDS NLRB HAS NO AUTHORITY TO TOLL STATUTE OF LIMITATIONS • JUDGE REFUSED TO ENJOIN THE MANDATORY REQUIREMENT OF POSTING • ALL NOTICES MUST BE POSTED BY APRIL 30

  4. FEDERAL CONTRACTOR NOTICE LANGUAGE • FEDERAL CONTRACTORS MUST POST NOTICE • SIMILAR LANGUAGE TO NLRB NOTICE • POSTING OF THIS NOTICE WILL SATISFY NLRB POSTING OBLIGATION

  5. PERMISSIBLE “COUNTER NOTICE” • MAINTAINING POSITIVE RELATIONS • PROMOTING MAXIMUM PERSONAL AND PROFESSIONAL DEVELOPMENT • SAFE WORKPLACE • GOOD WORKING CONDITIONS • COMPETITIVE COMPENSATION • OPEN COMMUNICATIONS

  6. NLRB’S NEW ELECTION RULES • FAILURE OF EFCA TO PASS • “QUICKIE” ELECTIONS BEGINNING APRIL 30, 2012 • LIMIT THE TYPE OF TIME TO MOUNT AN EFFECTIVE OPPOSITION CAMPAIGN • LIMIT PRE-ELECTION LEGAL CHALLENGES • NO LONGER CAN CONTEST VOTER ELIGIBILITY BEFORE ELECTION • FEWER PRE-ELECTION HEARINGS • BALLOTING WILL TAKE PLACE MORE RAPIDLY • ONLY CHALLENGES LEFT TO EMPLOYERS • WHETHER UNION HAS PRODUCED A SUFFICIENT SHOWING OF INTEREST • CHAMBER OF COMMERCE LEGAL CHALLENGE • WORKPLACE DEMOCRACY AND FAIRNESS ACT

  7. SPECIALTY HEALTHCARE • REVERSING 50 YEARS OF LEGAL PRECEDENT • SPECIALTY HEALTHCARE HELD: • ADDITIONAL EMPLOYEES OUTSIDE OF VOTING UNIT PROPOSED BY THE UNION CAN BE INCLUDED ONLY WHEN THERE IS NO LEGITIMATE BASIS ON WHICH TO EXCLUDE THEM • NORTHROP GRUMMAN SHIPBUILDING, INC. • THE BOARD AFFIRMED A UNION-SELECTED UNIT CHOSEN BY THE UNION • THE UNION WAS ALLOWED TO CARVE OUT ONLY THE TECHNICIANS THE UNION WANTED TO ORGANIZE • OTHER TECHNICIANS IGNORED EVEN THOUGH THEY SHARED SOME COMMUNITY OF INTEREST WITH THE TECHNICIANS SOUGHT BY THE UNION • NOW, MORE NARROW GROUPS OF EMPLOYEES MAY BE ORGANIZED, MAKING EMPLOYEE RELATIONS EVEN MORE IMPORTANT

  8. HOW UNIONS SELECT THEIR TARGETS • ROLE OF EMPLOYEES • UNIONIZED SISTER FACILITIES • LOCAL UNION OFFICE • NUMBER OF EMPLOYEES • PAST CONFLICTS AND PROBLEMS • WAGES AND BENEFITS • COMMUNITY ATTITUDE • OTHER UNIONS IN THE AREA • ANTICIPATED RESPONSE OF THE COMPANY

  9. HOW UNIONS GAIN RECOGNITION • OVERVIEW • VOLUNTARY RECOGNITION • CARD CHECK OR OTHER AFFIRMATION BY EMPLOYER • NLRB ELECTION • AUTHORIZATION CARDS • PETITIONS • 30% RULE FOR CARDS/PETITION • 50% PLUS 1 IN ELECTIONS

  10. HOW TO RECOGNIZE THE BEGINNINGS OF UNIONIZATION • IDENTIFYING KEY PLAYERS • THE EARLY WARNING SIGNS • UNION AUTHORIZATION CARDS • COMPANY DEFENSIVE POLICIES • NO-SOLICITATION POLICIES • BULLETIN BOARDS • DISTRIBUTION RULES • ACCESS RULES • UNION LETTERS AND VISITS • EMPLOYER RESPONSE

  11. THE RIGHTS OF THE PARTIES IN UNION ORGANIZING • PERMISSIBLE CONDUCT • BAR OUTSIDE ORGANIZERS FROM PREMISES • NO SOLICITATION RULES • NO DISTRIBUTION RULES • EXPRESSION OF FACTS • EXPRESSION OF OPINIONS • IMPERMISSIBLE CONDUCT • THREATS • INTERROGATION • PROMISES • SURVEILLANCE

  12. DO’S AND DON’TS FOR SUPERVISORS • WHAT SUPERVISORS CAN DO • WHAT SUPERVISORS CANNOT DO (TIPS) • EXAMPLES OF STATEMENTS THAT CAN BE MADE

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