© 2011 jones, walker, waechter, poitevent, carrère & denègre l.l.p. the new union organizing...

© 2011 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

THE NEW UNION ORGANIZING THREAT

H. Mark AdamsSteve 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

• 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


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


FEDERAL CONTRACTOR NOTICE LANGUAGE• FEDERAL CONTRACTORS

MUST POST NOTICE• SIMILAR LANGUAGE TO

NLRB NOTICE• POSTING OF THIS NOTICE

WILL SATISFY NLRB POSTING OBLIGATION


PERMISSIBLE “COUNTER NOTICE”• MAINTAINING POSITIVE

RELATIONS• PROMOTING MAXIMUM

PERSONAL AND PROFESSIONAL DEVELOPMENT

• SAFE WORKPLACE• GOOD WORKING CONDITIONS• COMPETITIVE COMPENSATION• OPEN COMMUNICATIONS


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


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


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


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


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


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


DO’S AND DON’TS FOR SUPERVISORS• WHAT SUPERVISORS CAN

DO• WHAT SUPERVISORS

CANNOT DO (TIPS)• EXAMPLES OF STATEMENTS

THAT CAN BE MADE

© 2011 jones, walker, waechter, poitevent, carrère & denègre l.l.p. the new union organizing...

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