UNION ORGANIZING IN THE OBAMA

ADMINISTRATION

UNION ORGANIZING – THE WAY IT WORKS NOW

Pre-petition Card Signing NLRB election petitions and

campaigns Management’s response - Do’s and

Don’t’s Winning elections with employee

communications If you lose, good faith bargaining

required, but no forced contracts

EMPLOYEE FREE CHOICE ACT (“Card Check”)

RESPECT ACT (Changing the definition of supervisors)

Union-only PLAs on federally funded work GOVERNMENT BLACKLISTING OF LABOR

LAW VIOLATORS REPEAL OF 14(B) (RIGHT TO WORK)

LABOR’S AGENDA FOR 2009

Prospects for passage of the Employee Free Choice Act (EFCA)

What EFCA Says: No more elections Mandatory Arbitration (forced

contracts) Dramatically increased penalties for

ULPs

The Card Check Bill

AUTHORIZATIONFOR REPRESENTATION

I hereby request and accept membership in the Union and designate this Union to act as my collective bargaining representative with my employer in all matters relating to my wages and other conditions of employment.

_______________ _________________Date Signature

AUTHORIZATIONFOR REPRESENTATION

I hereby request and accept membership in the Union and designate this Union to act as my collective bargaining representative with my employer in all matters relating to my wages and other conditions of employment.

_______________ _________________Date Signature

Uninformed employees will sign cards

Uninformed managers will mess up Organizing will increase dramatically. Who will interpret the new law? The

NLRB and the courts. Bottom line - No second chances!

WHY DOES EFCA MATTER?

Train your managers

Talk to your employees

Create an immediate response plan

Consider corporate restructuring

WHAT YOU SHOULD BE DOING NOW TO GET READY FOR EFCA

THINK . . . Would You Sign A Blank Check?

No. 1234

EMPLOYEEHometown, U.S.A.

Date Forever PAY TO THE

ORDER OF The Union ______ $__????_______________________________________DollarsU.S. Bank

My Money and My Rights__ My Signature__ memo

No. 1234

EMPLOYEEHometown, U.S.A.

Date Forever PAY TO THE

ORDER OF The Union ______ $__????_______________________________________DollarsU.S. Bank

My Money and My Rights__ My Signature__ memo

THE UNION CARD MEANSEXACTLY WHAT IT SAYS:

AUTHORIZATIONFOR REPRESENTATION

I hereby request and accept membership in the Union and designate this Union to act as my collective bargaining representative with my employer in all matters relating to my wages and other conditions of employment.

_______________ _________________Date Signature

AUTHORIZATIONFOR REPRESENTATION

I hereby request and accept membership in the Union and designate this Union to act as my collective bargaining representative with my employer in all matters relating to my wages and other conditions of employment.

_______________ _________________Date Signature

Narrowing the supervisory exclusion of the NLRA

Working foremen will become union eligible (if they are not already)

The EFCA/RESPECT Connection

IMPACT OF THE “RESPECT” ACT

DEALING WITH SALTING

Salting’s continuing impact on union organizing

EFCA, and the new NLRB, will increase the backpay penalties for salts

Checklist for responding to salting and avoiding hiring discrimination

RESPONDING TO “TOP DOWN” UNION PRESSURE TACTICS

Union picketing, handbilling, bannering, violence, and rats

ABC’s picket line checklist and other responses

LASER/Union Corporate Campaigns/Slanders

Civil Rights Damages “REFORM” Independent Contractor

Misclassification Act National Paid Sick Leave OSHA Expansion Immigration Sanctions AND Tougher Agency Enforcement

ALSO LIKELY POST-ELECTION

THE ADA Amendments Act (“ADAAA”)

New FMLA Law And Regulations Genetic Anti-Discrimination E-VERIFY Expansion FLSA Class Action Explosion

AND DON’T FORGET WHAT’S ALREADY HAPPENED IN 2008…