ambush election update and strategies · ambush election rule –current legal challenges...
TRANSCRIPT
Ambush Election
Update and Strategies
Presented by
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Presenters and Program
Atty Alan Kaplan
Masuda, Funai, Eifert & Mitchel Ltd.
Legal Updates, Legal Options and Interpretation of the Ruling (including, the impact on Decertification)
Elizabeth Milito, Esq.
National Federation of Independent Business (NFIB)
Congressional update, status of private sector legal action
William Lulias
Senior Labor Relations Consultant for EMSI
(Ex-High Ranking Union Official)
The Union’s game plan
Edgardo Villanueva
President, EMSI Consulting
Action Steps and Practical Advice for your work place
Conclusion and Q & A’s
Moderator
Edgardo VillanuevaEMSI Consulting
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Masuda, Funai, Eifert & Mitchell, Ltd.
Full-service business law firm representing managementin the manufacturing, warehousing, service and healthsectors
Labor relations practice to represent the interests ofmanagement to maintain and expand needed flexibilityto achieve business goals
Union vulnerability analysis and avoidance strategies
Union-free/pro-company campaigns
Representation before the National Labor RelationsBoard and in court
Collective bargaining negotiations and strike planning
Grievance/arbitration proceedings
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Unions Current
Win Rate In
NLRB Elections
66%4
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The Iceberg Principle
Traditional Union
Activity
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What Hasn’t Changed Under the New Rules?
Filing of petition with the NLRB – 30% of unit
Pre-election hearing or election agreement to determine:
Definition of unit
Supervisory status of leads
Eligibility of employees
Winner needs 50% +1 of those voting
Hearing and decision on objections and challenges
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As of April 14 - Quickie/Ambush Election Rules
From 42 to as little as 10-14 days for an election
Eliminate 25-day waiting period between regional
director’s decision and election
No automatic stay of the election
Requests for Review only if there are compelling
reasons
Decide pre-election issues after the election
What Has Changed Under the New Rules?
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Other Changes
Immediately serve petition on the employer or
union
Immediately file authorization cards (30%)
Post Notice of Petition for Election
File initial employee list (100%) with names,
jobs, shifts and work locations
Limit issues at hearing
No automatic stay of the election
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You MUST Be Ready!
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An Old Expression…….“What’s Good for the Goose, is Good for the Gander”
• Can this ruling help the process of decertifying
a union?
YES! (subject to NLRB interpretation)
• If your unionized employees are DISSATISFIED
with their union, a “Quickie Election” could
lead to a union free work place!10
CHICAGO
203 North LaSalle StreetSuite 2500Chicago, Illinois 60601-1262
LOS ANGELES
19191 South Vermont AvenueSuite 420Torrance, California 90502-1051
SCHAUMBURG
200 North Martingale RoadSuite 800Schaumburg, Illinois 60173-5485
www.masudafunai.com
Alan M. KaplanEmployment, Labor & Benefits Practice Group
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The NFIB is the leading small business association
representing 350,000 small and independent businesses
nationwide. A nonprofit, nonpartisan organization founded
in 1943, NFIB represents the consensus views of its
members in Washington and all 50 states
About The NFIB (National Federation of Independent Business)
Elizabeth Milito
Chief Executive Counsel, NFIB
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National Labor Relations Board
An actual Facebook post….
“This place is a hell
hole. If I had a car
today I would up and
quit.”
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Ambush Election Rule ‘in a nutshell’
Shortened timeframe of 10-14 days (right now it averages 37 days)
Employers will have MUCH less time to campaign prior to a representation election
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Ambush Election Rule – Current Legal Challenges
Legislation by Senate and House – SJ Resolution 8
Litigation by various industry groups:
D.C. lawsuit filed by U.S. Chamber of Commerce, NAM, SHRM, CDW and NRF
Texas lawsuit filed by ABC and NFIB
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Ambush Election Rule – Impact on Employers
Shortened timeframe of 10-14 days
Employers will have to scramble to obtain legal counsel and
will have little time to talk to their employees
Potential to increase litigation as employers will make all
possible objections to avoid preclusive effect of new rules
Voter list will include detailed personal employee contact
information (emails, etc.)16
Elizabeth Milito, EsqChief Executive Counsel
or
202-406-4443
NFIB
1201 F Street NW, Suite 200
Washington, DC 20004
NFIBThe Voice of Small Business
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William (Bill) Lulias Senior Labor Consultant, EMSI Consulting
Ex- High Ranking Union Official
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Unions are desperate for NEW Members and will be
taking advantage of the new rules20
How are Unions Preparing for April 14TH?
Salting
Social Media Tactics
Recruitment and Training of new organizers
Community Organizing (work centers)
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Edgardo VillanuevaPresident, EMSI Consulting
Over 32 years of working with Management to
promote a more positive, Union Free workplace.
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Money- Higher pay , Inconsistent pay practices
Benefits - New benefits, Increased expenses, lost benefits.
Unsafe work conditions - Accidents, lack of safety gear
Job “Insecurity”- Lay-offs, Random (unfair) firings, Creating “martyrs”
Lack of respect for Seniority - In Pay, promotions, lay-offs
Poor communications - Overtime / Schedule, Policy changes
Discipline - Inconsistency, Favoritism
Lack of promotions - No upward mobility
No attention to personal problems - Lack of flexibility or compassion
“If you don’t like it, there’s the door”
Top 10 Reasons People Turn to a Union
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Action Steps
Know Your People
Know Your Leadership Team
Know Your Company
Know Your Rights
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A Typical Campaign – Under the Current Rules
Week 1- Planning, Scheduling, initial voter profiles, Supervisor and Management
“Do’s & Dont’s” Meetings, Employee ICE Breaker Meetings, etc.
Week 2 – Union Finances and Rules
Week 3 – Collective Bargaining
Week 4 – Strikes
Week 5 – Election Details and Final Speeches
AND MUCH, MUCH MORE…………
??? How do you fit ALL this in 10-14 days???
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The “Purple Communications Ruling”
In house union organizers can now use your internal email system to communicate the Union’s sales pitch to your workforce.
In Addition…..
Question – Are your current email and
social media policies up to date?
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Some Thoughts About Decertification
If your employees have voluntarily expressed their dissatisfaction with
their union representation....
Listen for the MAGIC WORDS
“How Do We Get Rid of This Union?”
There are 2 Legal Ways to Decertify
RD – Employee Driven Effort
RM – Management Driven Effort
Deauthorization is another option to explore27
CHICAGO
203 North LaSalle Street
Suite 2500
Chicago, Illinois 60601-1262
LOS ANGELES
19191 South Vermont Avenue
Suite 420
Torrance, California 90502-
1051
SCHAUMBURG
200 North Martingale Road
Suite 800
Schaumburg, Illinois 60173-
5485
www.masudafunai.com
Alan M. KaplanEmployment, Labor & Benefits
Practice Group
NFIBThe Voice of Small Business
Edgardo VillanuevaPresident
William LuliasSenior Labor Relations Consultant
CHICAGO
1340 N. Astor St.
#2205
Chicago, Illinois 60610
LOS ANGELES
1402 Blenbury Dr.
Diamond Bar, California
91765
SARASOTA
5591 Cannes Cir
#203
Sarasota, Florida 34231
www.emsiconsultinginc.com
Elizabeth MilitoChief Executive Counsel
Washington D.C.
1201 F. Street NW
Suite 200
Washington, DC
20004
www.nfib.org
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Q & A’s
Thank You for Attending!
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