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The Biggest Signs Union Activity is Afoot: What Should You Do About It?

The Biggest Signs Union Activity is Afoot: What Should You Do About It?. March 26, 2014 Presented by: Dan Handman Steve Hirschfeld Carmen Plaza de Jennings. Speakers. Dan Handman, Partner, Santa Monica Steve Hirschfeld, Partner, San Francisco Carmen Plaza de Jennings, Partner,

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The Biggest Signs Union Activity is Afoot: What Should You Do About It?

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  1. The Biggest Signs Union Activity is Afoot: What Should You Do About It? March 26, 2014 Presented by: Dan Handman Steve Hirschfeld Carmen Plaza de Jennings

  2. Speakers Dan Handman, Partner, Santa Monica Steve Hirschfeld, Partner, San Francisco Carmen Plaza de Jennings, Partner, San Francisco

  3. Introduction

  4. New Union Organizing Tactics • Targeting low-level supervisors / leads / forepersons • Corporate campaigns • Email and Internet communication • Class action lawsuits • Card check / neutrality agreements

  5. What Causes Employees to Seek a Union • Conditions Causing Union Organizing • Uncompetitive pay and benefits • Unsafe working conditions • Perceived unfair treatment by managers

  6. What Causes Employees to Seek a Union • The Biggest Cause of Union Organizing – Perceived Unfair Treatment by Managers • Look for packs of disgruntled employees • Need to understand cultural differences • Use your open door policies • Train your managers • 360-degree surveys

  7. Unhappy Employees – The Golden Rule • DO YOUR EMPLOYEES FEEL COMFORTABLE TALKING TO THEIR MANAGERS? • • In a union campaign, you want your managers presenting your position. If they are not liked by employees, you will be at a disadvantage.

  8. What Causes Employees to Seek a Union • Are Your Pay and Benefits Under Market? • Salary survey • Prevailing wage rates from U.S. DOL • Healthcare: take a look at the minimum levels of coverage under ObamaCare. Are you doing better? • 401(k), pension

  9. The NLRB’s New • “Quickie Elections” Rule

  10. The NLRB’s New “Quickie Elections” Rule • If enacted, the new election rules would: • Compress election timelines • Require a pre-evidentiary Statement of Position • Require the pre-election hearing to be held 7 days from the date of service of the Notice of Hearing and the Petition • Eliminate the right to file a post-hearing brief • Require that major election issues be resolved after the election • Require preliminary voters list to be provided to the Union • Implement Electronic Filings

  11. Signs Union Activity Is Afoot

  12. The 20th Century Signs • Increased complaints from employees • Employees complaining about different topics • Finding employees in places they don’t belong • Disgruntled employees becoming popular • Employees avoiding speaking to managers, changing topics, speaking in private when a manager comes around

  13. More 20th Century Signs • Group complaints about wages, benefits, managers • Talking about seniority, loyalty or other union-related topics • Union buttons

  14. The 21st Century Signs • Social Media: Complaints about the company, • managers, pay practices, benefits on Facebook, • Twitter • - Are you “friends” with any non- supervisors on Facebook. • - Are other supervisors “friends” • - When, if ever, can you compel employees to share social media posts

  15. The 21st Century Signs (continued) • Union E-Mails: This will be the next domino to • fall at the NLRB • - Unions will send around unsolicited e- mails to your employees • - Can you block the e-mails? • - Can you have a no solicitation policy apply to e-mails?

  16. A Brief Note onSurveillance and Interrogation • Surveillance of Employees is Prohibited • Following, monitoring employees • Interrogation • Why are you meeting offsite? • What are you talking about behind my back?

  17. The NLRB’s “Micro-Units” Rule

  18. The NLRB’s “Micro-Units” Rule • The Specialty Healthcare Framework,357 NLRB No. 83 (August 26, 2011) • The NLRB will find a petitioned-for unit to be appropriate despite a contention that employees in the unit could be placed in a larger unit which would also be appropriate or even more appropriate unless the party so contending demonstrates that employees in the larger unit share an overwhelming community of interest with those in the petitioned-for unit.

  19. The NLRB’s “Micro-Units” Rule • The NLRB’s Recent Use of “Micro Units” • Neiman Marcus Group, Inc. d/b/a Bergdorf Goodman,02-RC-076954 (2012) • Fraser Engineering Company,359 NLRB No. 80 (2013)

  20. Lessons Learned • Create positive work environment • Consider employee surveys • Strengthen management team through training • Review solicitation / distribution, electronic communication and social media policies • Employee participation groups / works councils • At-will just cause • Binding internal grievance procedure

  21. Conclusion and Wrap-Up • Dan Handman310.255.1820dhandman@Hkemploymentlaw.com • Steve Hirschfeld415.835.9011shirschfeld@HKemploymentlaw.com • Carmen Plaza de Jennings415.835.9012cpdjennings@HKemploymentlaw.com

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