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UNION ORGANIZING IN THE OBAMA ADMINISTRATION

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

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UNION ORGANIZING IN THE OBAMA ADMINISTRATION

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  1. UNION ORGANIZING IN THE OBAMA ADMINISTRATION

  2. 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

  3. LABOR’S AGENDA FOR 2009 • 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)

  4. The Card Check Bill • 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 AUTHORIZATION FOR 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. _______________ _________________ DateSignature

  5. WHY DOES EFCA MATTER? • 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!

  6. WHAT YOU SHOULD BE DOING NOW TO GET READY FOR EFCA • Train your managers • Talk to your employees • Create an immediate response plan • Consider corporate restructuring

  7. WARNING! THINK . . . Would You Sign A Blank Check? No. 1234 EMPLOYEE Hometown, U.S.A. Date Forever PAY TO THE ORDER OF The Union ______ $__???? _______________________________________Dollars U.S. Bank My Money and My Rights__My Signature__ memo THE UNION CARD MEANS EXACTLY WHAT IT SAYS: AUTHORIZATION FOR 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. _______________ _________________ DateSignature

  8. IMPACT OF THE “RESPECT” ACT • Narrowing the supervisory exclusion of the NLRA • Working foremen will become union eligible (if they are not already) • The EFCA/RESPECT Connection

  9. 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

  10. 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

  11. ALSO LIKELY POST-ELECTION • Civil Rights Damages “REFORM” • Independent Contractor Misclassification Act • National Paid Sick Leave • OSHA Expansion • Immigration Sanctions • AND Tougher Agency Enforcement

  12. AND DON’T FORGET WHAT’S ALREADY HAPPENED IN 2008… • THE ADA Amendments Act (“ADAAA”) • New FMLA Law And Regulations • Genetic Anti-Discrimination • E-VERIFY Expansion • FLSA Class Action Explosion

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