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Employee Free Choice Act— Union-Free Strategies. Union Membership Statistics. In 2008, 12.4\% of all workers were union (16.1 million workers) Private Sector Employees– 7.6\% Public sector employees -- 36.8\% Highest rate is with local government workers--membership rate of 42.2\%.

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union membership statistics

Union Membership Statistics

In2008, 12.4% of all workers were union (16.1 million workers)

Private Sector Employees– 7.6%

Public sector employees -- 36.8%

Highest rate is with local government workers--membership rate of 42.2%

who belongs to unions today
Who Belongs To Unions Today?

Union membership rates:

Men at 13.4%

Women at 11.4%

(although this margin growing smaller every year)

Membership rates highest

among workers 45-54 and 55-64

Lowest among workers 16-24

where are unions weakest
Where Are Unions Weakest?

Lowest Union membership:

North Carolina 3.5%

Georgia 3.7%,

South Carolina 3.9%,

Virginia 4.1%,

Texas 4.5%

Louisiana 4.6%.

where are unions strongest
Where are Unions Strongest?

Highest membership:

New York 24.9%

Hawaii 24.3%

Alaska 23.5%.

background on employee free choice act efca

Background On Employee Free Choice Act (EFCA)

-- EFCA passed House 241-185 in 2007

--Senate failed to get the 60 votes on June 26, 2007

--Current Congress 56 Dem, 41 Rep, and 2 Ind

--Congress was 49 – 49 – 2

--New EFCA introduced by George Miller in House and Ted Kennedy in Senateon March 10, 2009

efca and union organizing
EFCA and Union Organizing

No election if Union gets 50% plus 1 of employees to sign a card

Bargaining Must Begin w/in 10 days after certification

efca and union negotiations
EFCA and Union Negotiations

Bargaining – Employer and union are allowed 90 days of collective bargaining

Mediation – If unable to reach a contract within 90 days of negotiations, FMCS mediation for 30 days

Binding arbitration – Arbitrator decides first contract with all workplace conditions

efca and fines penalties
EFCA and Fines/Penalties

Damages- Requires treble damages for employers for terminating or retaliating against an employee for union organizing efforts

Fines - Up to $20,000 for the following new violations of NLRA:

threatening to close a facility or move business operations out of the country

modifying employee’s pay, assignments or work schedules because of activity during a union drive

prohibiting employees from wearing union campaign buttons or other paraphernalia

2007 union cases nationwide
2007 Union Cases (Nationwide)

--Unfair labor practice cases in 2007:

-22,331 down from 23,091 received in 2006

--Representation cases in 2007:

- 3,056, down from 3,354 received in 2006

--Industries with highest number of cases:

-Utilities, Construction, Manufacturing, Wholesale and Retail Trade, Transportation and Warehousing, Telecommunications and Publishing, Healthcare, and Administrative Services

geographic distribution of cases
Geographic Distribution of Cases

Highest Number of Representation Cases:

Illinois, Michigan, Ohio, New York, Pennsylvania, California and Washington (state)

Lowest Number of Representation Cases:

Mississippi, Idaho, Wyoming, Maine, New Hampshire, Vermont, Nebraska, South Dakota and Louisiana

basics of union prevention organizing and campaign
Basics Of Union Prevention, Organizing and Campaign

Preventive Strategies


Current Employees

Training Supervisors

Three Steps to Union Organizing

Card Signing

Legal Case—The Representation Case

Election Campaign

the organizing drive
The Organizing Drive

Union “Starts an Organization Drive”

Now you wish you had done the preventive work

Union Attempts to Convince Your Employees to Sign an Authorization Card

Card Speech and attempt to keep them from signing

If 30 Percent of Employees Sign A “Card,” the Union can Demand an Election

Unions usually want 65%

the legal process
The Legal Process

The National Labor Relations Board (NLRB) Determines----The “Appropriate Unit” for Collective Bargaining

The “R” Case---What is the Unit? Expand or Contract the Unit

Who Gets To Vote– Job Classifications

Usually Production and Maintenance

Office and Clerical, Shipping, Distribution Center, Quality Control, Who are Supervisors?, Nearby Facilities

the election campaign
The Election Campaign

The Election Campaign---


Small Group Meetings



Email Messages

Home Mailings



why invest prepare now
Why Invest/Prepare Now?

Regardless… Some Form of EFCA is coming

Positive Culture

Positive Communications

Better Hires, Employees, Supervisors

Lessen Risk of Litigation

nlrb is not getting better
NLRB is not Getting Better

-Appointed by President Obama through 2011

- Labor Counsel for the Bricklayers and Craftsmen

-Legal Counsel to the International Teamsters

B.A. from Barnard College in New York City

and a J.D. from the George Washington

University Law Center

preventive strategies identify your team
Preventive StrategiesIdentify Your Team

1. Management/Human Resources


Consultant– Advisors (identifying Risk/Prevention)

Training/Communications Resources

legal issues preventive strategies step 1 the legal issues
Legal Issues/Preventive StrategiesSTEP 1---The Legal Issues

Review Your Policies: Policies for Union Avoidance are Different than EEO

Union Free Statement

Valid No- Solicitation/ No-Distribution Rules

Handbook (Grievance Procedure and Basic Policies)

Morale Survey/Testing/Interviews

Audit Your Facility to Determine the Unit

Expand the Unit/Contract the Unit

“Community of Interests”

Redefine Relationships/Reporting

step 2 assess your union risk
STEP 2---Assess Your Union Risk

Look at Geographic Area

Look at your Demographics

Comparable Employers

Identify the Likely Unions

Local, strike history, dues, decerts, fines, etc

Compare Wages, Benefits and Other Issues

Do you need a Consultant Now?

Morale Survey/Employee Analysis

step 3 training communications
STEP 3– Training/Communications


Orientation/New Employees

Current Employees


Custom/off the Shelf



Written Materials



step 4 prepare for the organizing drive now
Step 4---Prepare for the Organizing Drive Now

Have Written Plan for Management and Supervisors

Election Team

Roles of Management and Supervisors

Have All Communications Identified/Prepared

Have Kick-off, Mid-Term and Closing Speeches Prepared

Have Written Plan/Calendar for Communicating with Employees

step 5 prepare for the election campaign now
Step 5---Prepare for the Election Campaign Now

Have Written Plan for Management and Supervisors

Election Team

Roles of Management and Supervisors

Have All Communications Identified/Prepared

Have Kick-off, Mid-Term and Closing Speeches Prepared

Have Written Plan/Calendar for Communicating with Employees