how to prepare for and win an nlrb ‘quickie’ election
DESCRIPTION
Major changes to election rules from the National Labor Relations Board will reduce the time between a union’s request for representation and a vote by workers, effective April 14, 2015. Employers now will have less time to communicate. The rules also require employers to provide to the union more of their employees’ personal contact information such as emails and phone numbers. A separate NLRB decision gives employees the right to use company email to organize. Based upon this ruling, many existing employer email policies have been rendered unlawful. The session will provide communities and operators with proactive measures to help prepare for the changes and protect your organization. Edward V. Jeffrey, Esq., Shareholder, Jackson Lewis P.C.; Michael J. Passarella, Esq., Shareholder, Jackson Lewis P.C.TRANSCRIPT
How to Prepare for and
Win an NLRB ‘Quickie’
Election
Edward V. Jeffrey, Esq.
Michael J. Passarella, Esq.
May 6, 2015
About our Firm
►Represents management exclusively in every aspect of labor, employment, benefits, and immigration law and related litigation.
►Over 770 attorneys in 56 locations nationwide.
►Current caseload of over 6,500 litigations and approximately 550 class actions.
►Leading labor and employment firm in healthcare and assisted living.
Our Labor & Preventive Practices Group
For over 55 years, Jackson Lewis has represented clients in thousands of matters before the NLRB, state labor boards, arbitrators, mediators, government agencies, and state and federal courts. We regularly advise employers regarding union organizing, protected concerted activity, NLRB elections, corporate campaigns, neutrality agreements, collective bargaining, grievance and arbitration proceedings, unfair labor practices, work stoppages, purchase/sales, reductions and reorganizations, as well as the entire range of pre- and post-hire employee relations issues.
Good morning, there’s a fax/email here from
the NLRB…
The Petition
Impact of New Rules: Immediate Action
Required
Day 1
• Petition served directly on employer and NLRB.
• NLRB orders hearing (if needed) within 8 days.
Day 3
• Employer must post official notice regarding petition and distribute it electronically to employees. Failure will be “objectionable” conduct.
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Day 1 Day 3 Day 7
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Impact of New Rules: Immediate Action
Required
► Day seven:
– Must file a detailed statement of position (SOP) by noon: state
legal position on appropriateness of unit.
– Identify employees whose eligibility to vote the employer intends
to contest and legal bases for each such contention.
– Specific business payroll information.
– Information regarding employees in the petitioned-for unit and
the employer’s proposed unit.
Day 1 Day 3 Day 7 Day 8
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Impact of New Rules: Immediate Action
Required
► Day eight:
– Hearing day. If no hearing, election agreement likely. NLRB
may refuse to hold a hearing:
• Evidence limited to “question[s] concerning representation” (QCR).
• Disputes over unit composition or voter eligibility (supervisory
status, “confidential,” temporary, or casual employee status) may be
limited to post-election litigation.
Day 1 Day 3 Day 7 Day 8 Day 10
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Impact of New Rules: Immediate Action
Required
► Day ten:
– Within 2 days of the election agreement (or the RD’s decision),
the employer must provide to the NLRB and the union a list of
voters:
• Full names
• Work location, shifts, job classifications
• Home address, personal email address and cell phone number
What are the Legal and Practical
Ramifications?
► Elections Conducted as Quickly as Possible
► Election Now, Hearing Later
► Vote Now, Understand Later
► Infringing on Employer Free Speech
► Loss of Privacy for Employees
See comment from dissenting NLRB Members.
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Early Warning Signs of Union Activity:
Critical to Know and Report
Late Warning Signs: Employees Refer to
Union Cards
A “Typical” Pre-April 14 Campaign
Time to Communicate Greatly Reduced
Campaign Communications: An Overview
Campaign Communications: An Overview
Campaign Communications: An Overview
Campaign Communications: An Overview
Campaign Communications: An Overview
Quickie Elections: One Month In
► In the first two weeks following the effective date
of the Rule, petitions for election have doubled
over typical period.
► Too early to predict if increase will continue, but
the new rules will help unions win elections.
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Recommendations for Employer
Consideration
► Identify and Prepare to Address Underlying
Issues and Vulnerabilities
► Prepare Pro-Active Communications to Staff
► Conduct Management Training
► Prepare Campaign Calendar for Shortened
Election Cycle
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Recommendations for Employer
Consideration
► Identify and Mitigate Legal Vulnerabilities
► Conduct A Bargaining Unit Analysis and
Prepare a Litigation Plan
► Develop and Train a Rapid Response Team to
Address Labor Issues
► Hire and Manage to Create the Best Possible
Workforce
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