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BOMA Hawaii May 20, 2009

BOMA Hawaii May 20, 2009. A Little Shop of Horrors: Employment Law 2009. EFCA RESPECT HAWAII LAW ACTION STEPS. PROGRAM OVERVIEW. “EFCA” Employee Free Choice Act. Proposed Legislation. Currently. Petition Secret ballot Election Negotiations. EFCA. Collection of Cards Card Check

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BOMA Hawaii May 20, 2009

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  1. BOMA Hawaii May 20, 2009 A Little Shop of Horrors: Employment Law 2009

  2. EFCA RESPECT HAWAII LAW ACTION STEPS PROGRAM OVERVIEW

  3. “EFCA” Employee Free Choice Act Proposed Legislation

  4. Currently Petition Secret ballot Election Negotiations

  5. EFCA Collection of Cards Card Check Arbitration Liquidated Damages + $20,000.00 Penalty + Fees

  6. RESPECT ACT Re-empowerment of Skilled and Professional Employees and Construction Trades Workers Proposed Legislation

  7. Change Definition of “Supervisor” • NLRA protects employees but not “supervisors” • NLRB 2007 decision broaden definition of “supervisor” • Unions want a narrower definition of “supervisor”

  8. Employer Concerns • Control of workplace • Promotions • Litigation

  9. Hawaii BillHB 952, HD1, SD1, CD1 • Similar to EFCA • Card check • Impact only agricultural ER over $5M

  10. Tomorrow’s Victory Begins With Today’s Preparation

  11. TROUBLE SIGNS • Strangers: loading dock, parking lot, park next door • Communications: new tone/stop • More time on breaks/lunch hour • People outside of assigned work area

  12. TROUBLE SIGNS • New leaders appear • Union literature: authorization cards, flyers, suggestion box information • Division among employees • Increased employee complaints

  13. Company Response • Think Like a Union Boss • Wages • Safety • Benefits • Skilled Supervisors

  14. COMPANY RESPONSE KNOW YOUR OPPONENT • LM-2: Dues, Salaries, Expense Accounts • Google Search • New paper search • Election History • Talk with competitors about their recent campaign experience • Labor Contracts file

  15. COMPANY RESPONSE Satisfactory compensation system • Wages, health care, retirement in line with industry/community Organization and implementation of HR program • Train front line supervisors to understand and implement company policies consistently • Employee Handbook • Written grievance procedure, ending with arbitration

  16. COMPANY RESPONSE Educate Employees • Union is a business • Historical decline in union membership • Benefits already provided • Cost of union dues • Danger of Signing Authorization Card

  17. COMPANY RESPONSE Management Response • Educate Supervisors • Management by Walking Around: evening and overnight shifts • Enforcement of lawful ‘No Solicitation Rule’, ‘No Access’, ‘Confidentiality Rule’ • Interchange of Employees

  18. Questions • Gregory M. Sato • Kobayashi, Sugita & Goda • Direct: 808-535-5741 • Cell: 808-225-0752 • Email: gregsato@ksglaw.com

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