Preparing for the NLRB s New Quickie Election Rule. OPEN SHOP WEB MEETING May 18, 2015

Transcription

1 Preparing for the NLRB s New Quickie Election Rule OPEN SHOP WEB MEETING May 18, 2015

2 DISCLAIMER Please note that AGC and the presenter provide you with this presentation and any related materials solely for educational and informational purposes. Nothing contained in today s presentation or accompanying materials should be considered the rendering of legal or other professional advice, and all audience members and readers are advised to privately consult an attorney for specific legal advice on the specific situations that they may face. AGC and the presenters make no express or implied warranties or guarantees about the accuracy of the information provided. slide 2

3 SPEAKER Richard ( Rick ) Samson Ogletree Deakins Chicago, IL richard.samson@ogletreedeakins.com slide 3

4 WHAT WE LL BE DISCUSSING TODAY The New Rules Going Forward What Can You Do to Prepare for the New Rules and Make Your Company a Preferred Choice for Today s Work Force slide 4

5 Effective April 14, 2015 THE NEW RULES Key Changes Need for Speed Accelerated Process to Get to Election More Quickly Petition and Posting of Election Notice (Electronic Filing) Pre-Election Hearings Set for 8 days after service of Notice of Hearing Employer Statement of Position Due by Noon on the Business Day Before Hearing Opens Issue Preclusion/Waiver At Hearing Hearing Officer Given Wide Discretion on Evidence to be Taken slide 5

6 THE NEW RULES (cont d) Do Not Have to Resolve Disputes over Voter Eligibility and Inclusion/Exclusions Can be Resolved After Vote Post Hearing Briefs Not a Right The Voter Eligibility (Excelsior) List Due within 2 days not 7 Expanded information Produced to NLRB and Union Cell Phones and Addresses/Don t Be Mistaken! Election Date: Determined by Regional Director s discretion ( at earliest date practicable ) Minimum 10 days after production of voting list (unless waived) Petition = 21 days NLRB review of Regional Director s decision more limited slide 6

7 UNIQUE VOTER RULES FOR THE CONSTRUCTION INDUSTRY Who is Eligible to Vote? The Steiny/Daniel Formula Employed 30 days in the preceding 12 months or 45 days in the preceding 24 months What is an Appropriate Bargaining Unit By Craft Wall to Wall Scope By Project? Area Wide? slide 7

8 GOING FORWARD Preparing for the New Rules Identification of Bargaining Units Identification of Supervisors Advance Preparation of Position Statements Campaign Foundations Communications SWAT Team Information Data Bases Be the Contractor of Choice or How to Proactively Reduce Vulnerability Establish a Good Record on Wages, Benefits, etc. slide 8

9 Train Management on Positive Leadership Techniques and Expectations Review Policies and Procedures for Legal and Practical Sufficiency and Fairness Train Supervisors Fair and consistent enforcement of policies How to handle concerted activity Managing salts Communicating Employer s position Identify early warning signs slide 9

10 PLANNING FOR THE PETITION Who is Eligible to Vote? Develop Rapid Response Team/Key Campaign Communicators Develop 21-day plan and calendar Meeting plan (when, where, how, size, impact on operations, off-shift, weekends) Assign responsibility (book meeting rooms, use of videos and handouts) slide 10

11 Supervisory Training often first initiative after petition is filed no longer have luxury to wait. Develop training materials Deliver basic training to leadership now Basic communication principles (TIPS and FOE) Review core response themes Elevate sensitivity to early warning signs Emphasize critical importance of positive employee relations slide 11

12 WHAT EMPLOYEES WILL NEED TO KNOW They need to understand their rights under the law (with and without a union) They need to understand how unions operate (what the union hasn t told them about union costs, union rules, who they protect, and how the union spends members money) They need to understand how collective bargaining works (the law and reality) They need to understand what happens when collective bargaining fails (how their jobs and their families could be impacted) slide 12

13 THEY ALSO NEED TO UNDERSTAND THEIR WORK ENVIRONMENTS Every campaign has local issues Almost all of them emanate from a failure to communicate with employees They almost always relate to business, management, and leadership issues perceived fairness issues Economics is usually far down on the list Plan to address all of these issues venting in limited time Mea culpa and give us a chance slide 13

14 QUESTIONS? Richard L. Samson Ogletree Deakins Nash Smoak & Stewart, P.C. 155 North Wacker Dr., Suite 4300 Chicago, IL (312) slide 14