Recent Actions of the National Labor Relations Board

Transcription

1 Working Hard to Protect The Way of Life in Our Community Recent Actions of the National Labor Relations Board Presented by Jay Cole and Justin Getzinger Concerned Citizens For the Community 664 Corporate Drive Houma, LA

2 Who We Are non-profit community group founded in 2000 in the Tri-Parish region raise awareness on specific issues that threaten the way of life in our community 2

3 What We Do funds permitting, we provide support that benefits or helps members of the community Blood/Food Drives Donate supplies to senior citizen s centers Gathering school supplies and uniforms for needy children Helping victims of health issues, fires and floods 3

4 What We Do When issues are raised THE CCFC IS HERE! Protecting Employees Right-To-Work through public education Speaking Engagements and Town Hall Meetings Develop educational material for the Community 4

5 Today s Topics 1. s new Labor Rights Posting Requirement 2.Proposed Rule Changes to Election Procedures 3.Recent Decisions, Establishing Dangerous Case Precedent 5

6 1. Posting Requirement Falls in line with 1/30/09 Obama Executive Order for Federal Contractors: Notification of Employee Rights Under Federal Labor Laws Requires all private Employers to post the notice at the place of business by January 31, 2012 Notifies employees of some of their rights under the National Labor Relations Act 6

7 !"#$%&''()*+,-. Under the National Labor Relations Act The National Labor Relations Act (NLRA) guarantees the right of employees to organize and bargain collectively with their employers, and to engage in other protected concerted activity or to refrain from engaging in any of the above activity. Employees covered by the NLRA* are protected from certain types of employer and union misconduct. This Notice gives you general information about your rights, and about the obligations of employers and unions under the NLRA. Contact the National Labor Relations Board (), the Federal agency that investigates and resolves complaints under the NLRA, using the contact information supplied below, if you have any questions about specific rights that may apply in your particular workplace. What Does it Look Like? Must be 11 x 17 /01'2(-,'(34)56(&%7(,89'(-,'(2*+,-(-%: Organize a union to negotiate with your employer concerning your wages, hours, and other terms and conditions of employment. Form, join or assist a union. Bargain collectively through representatives of employees own choosing for a contract with your employer setting your wages, benefits, hours, and other working conditions. Discuss your wages and benefits and other terms and conditions of employment or union organizing with your co-workers or a union. Take action with one or more co-workers to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a government agency, and seeking help from a union. Strike and picket, depending on the purpose or means of the strike or the picketing. Choose not to do any of these activities, including joining or remaining a member of a union. /01'2(-,'(34)56(*-(*.(*$$'+8$(;%2(&%72('"#$%&'2(-%: Prohibit you from talking about or soliciting for a union during non-work time, such as before or after work or during break times; or from distributing union literature during non-work time, in non-work areas, such as parking lots or break rooms. Question you about your union support or activities in a manner that discourages you from engaging in that activity. Fire, demote, or transfer you, or reduce your hours or change your shift, or otherwise take adverse action against you, or threaten to take any of these actions, because you join or support a union, or because you engage in concerted activity for mutual aid and protection, or because you choose not to engage in any such activity. Threaten to close your workplace if workers choose a union to represent them. Promise or grant promotions, pay raises, or other benefits to discourage or encourage union support. Prohibit you from wearing union hats, buttons, t-shirts, and pins in the workplace except under special circumstances. Spy on or videotape peaceful union activities and gatherings or pretend to do so. /01'2(-,'(34)56(*-(*.(*$$'+8$(;%2(8(70*%0(%2(;%2(-,'( 70*%0(-,8-(2'#2'.'0-.(&%7(*0(<82+8*0*0+(=*-,(&%72( '"#$%&'2(-%: Threaten or coerce you in order to gain your support for the union. Refuse to process a grievance because you have criticized union officials or because you are not a member of the union. Use or maintain discriminatory standards or procedures in making job referrals from a hiring hall. Cause or attempt to cause an employer to discriminate against you because of your union-related activity. Take adverse action against you because you have not joined or do not support the union. If you and your co-workers select a union to act as your collective bargaining representative, your employer and the union are required to bargain in good faith in a genuine effort to reach a written, binding agreement setting your terms and conditions of employment. The union is required to fairly represent you in bargaining and enforcing the agreement. Illegal conduct will not be permitted. If you believe your rights or the rights of others have been violated, you should contact the promptly to protect your rights, generally within six months of the unlawful activity. You may inquire about possible violations without your employer or anyone else being informed of the inquiry. Charges may be filed by any person and need not be filed by the employee directly affected by the violation. The may order an employer to rehire a worker fired in violation of the law and to pay lost wages and benefits, and may order an employer or union to cease violating the law. Employees should seek assistance from the nearest regional office, which can be found on the Agency s Web site: You can also contact the by calling toll-free: (6572) or (TTY) ( ) for hearing impaired. If you do not speak or understand English well, you may obtain a translation of this notice from the s Web site or by calling the toll-free numbers listed above. * The National Labor Relations Act covers most private-sector employers. Excluded from coverage under the NLRA are public-sector employees, agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and supervisors (although supervisors that have been discriminated against for refusing to violate the NLRA may be covered). This is an official Government Notice and must not be defaced by anyone. SEPTEMBER

8 Does my company have to post this notice? Requirement applies to all private-sector employers subject to the NLRA Must also be posted on Employers website/intranet if personnel rules and policies are normally available there If 20% of the workforce is not proficient in English, Employer must also provide a version in the language for that specific sub-group Failure to post can result in an unfair labor practice charge from the 8

9 Who s Exempt? Agricultural, railroad & airline employers Retail businesses with less than $500,000 in annual sales Businesses that produce less than $50,000 in annual interstate sales U.S. Postal Service 9

10 Any Opposition to the Rule? 7,000 comments, mostly in opposition, submitted to the but had little effect on the final rule Multiple complaints filed in court by business and industry Hearing set for Dec 19th with Admin Law Judge Complaints resulted in pushing enforcement date from Nov 14, 2011 to Jan 31,

11 What Can I Do? Now is the time for Employers to become pro-active about your position on unionization Start preparing your strategy now Make your own counter-posting to be placed close to the poster expressing your position Abide by the posting requirement by using a dual Federal/ State Labor Law poster 11

12 Dual Labor Law Poster Posting doesn t stand out as much 12

13 POSITION ON UNIONS Suggested Employer Counter-Posting Company is proud to be union free Position on Unions Why the Position (Company) must say to all employees that remaining union free and continuing to provide outstanding service to our customers is our future. To maintain a high level of success we must be able to provide quality service to our customers, or we cannot insure our future. Unions by law take away individual rights and can come between the company and employees. Unions have shown to cause serious damage to companies and other organizations. Unions push companies to close or move which take away employee jobs. Position of Understanding understanding (Company) respects employee s right to make a free choice in this matter. We must tell you the truth. History has shown us that unions have been harmful to employee jobs. Union Cards If a union organizer ever approaches you or tries to threaten you into signing a union card, you are free to say NO and ask for help. We ask you to support the company and not sign any union card without all the facts. Our success depends on it. Company: A UNION-FREE COMPANY 13

14 2. New Rules Proposed by introduced by Board that is majority Labor-friendly will greatly accelerate the union organizing process will address the fact that unions are not winning more elections Seek to minimize pre-election hearings not consistent with the NLRA 14

15 The Current Organizing Process: Fair days (Avg 38 in 2010) Union gets cards signed, MINIMUM 30% Union files Petition with via mail <14 days Issues Notice Regional conducts Hearing authorizes an election runs election Votes counted by Union receives 50%+1 ballots, Bargaining Unit is Unionized The Process Under Proposed Rules: Pro-Labor 7 days Employer files Statement of Position form Regional conducts Hearing authorizes an election days Union receives 50%+1 ballots, Bargaining Unit is Unionized 8-10 days Union gets showing of interest Union files Petition with electronically Issues Notice Employer unable to respond to Hearing Notice Employer s right to Hearing Waived authorizes an election 2 days later, Employer submit Excelsior List runs election Votes counted by 15

16 Pre-Hearing Process Union required to file Statement of Position, replaces old Commerce Questionnaire Employer must file Statement of Position prior to hearing Both must be filed no later than the hearing date 16

17 Statement of Position: What it must Include Board s jurisdiction to process the petition The appropriateness of petitioned-for-unit List of all individuals employed in the petitioned-for-unit, including work location, shift and job classification Any proposed exclusions or expansions of the petitionedfor-unit; eligibility would only be addressed if issues exceed 20% of the petitioned-for-unit Preference on type, date, time and location for the election 17

18 The New Kicker Failure to submit Statement of Position will preclude a party from raising any issues, presenting evidence, cross-examining witness, and presenting arguments concerning the issues later or after the election Failure to submit removes the need for a pre-election hearing 18

19 The Current Organizing Process: Fair days (Avg 38 in 2010) Union gets cards signed, MINIMUM 30% Union files Petition with via mail <14 days Issues Notice Regional conducts Hearing authorizes an election runs election Votes counted by Union receives 50%+1 ballots, Bargaining Unit is Unionized The Process Under Proposed Rules: Pro-Labor 7 days Employer files Statement of Position form Regional conducts Hearing authorizes an election days Union receives 50%+1 ballots, Bargaining Unit is Unionized 8-10 days Union gets showing of interest Union files Petition with electronically Issues Notice Employer unable to respond to Hearing Notice Employer s right to Hearing Waived authorizes an election 2 days later, Employer submit Excelsior List runs election Votes counted by 19

20 Concerns for Employers Mandated disclosure of employee info, including personal phone numbers and addresses (Excelsior List) Shortened election time severely limits employer s ability to communicate with employees and prepare for a hearing Due-process issues exist, 7 days to preserve your legal rights or they are forever waived The proposed rules are a blatant attack on Section 8c of the National Labor Relations Act Most litigation is deferred to post-election 20

21 Get Ready, Be Pro-active Stay in-touch with the SCIA and CCFC for the latest information and to make comments when needed to this contest the proposed rules Call or write your Senator and Congressional representatives about these rules Train your supervisors regularly to be ready to act Keep your ear to the ground, know all your employees and issues Work on team-building 21

22 3. Dangerous Case Precedent Dana Corp (2007): On 8/31/11, board reversed a previous decision, preventing an employee base from having a decertification election until 6-12 month period after employer recognition Specialty Healthcare and Rehabilitation Center of Mobile, 357 No. 83: may make it significantly easier for unions to organize sub-units of an employer such as employees of one department as opposed to an entire facility Lamons Gasket Company, 357 No. 72 and UGL- UNICCO Service Company, 357 No. 76: both decisions make it harder for employees to oust incumbent unions Boeing vs. IAM: one to keep an eye on!!!! 22

23 Why We Care We want South Louisiana to continue having a strong economy that provides careers for our children and families We want our communities to make informed decisions when confronted with issues like Unions We want our people to understand the decisions being made in Government that could affect their way of life For a copy of this presentation, or to remain informed of our awareness efforts, contact us at: info@yourccfc.com 23