Under the NLRB s New Quickie Election Rules

Transcription

1 Preparing for a Campaign Under the NLRB s New Quickie Election Rules This webcast will begin promptly at 12:00 PM EDT Follow Steptoe & Johnson on ALSO FIND US ON Steptoe & Johnson PLLC. All Rights Reserved.

2 Today s Presenters John R. Jack Merinar, Jr. Member Steptoe & Johnson PLLC jack.merinar@steptoe johnson.com Jeffrey M. Cropp Of Counsel Steptoe & Johnson PLLC jeffrey.cropp@steptoe johnson.com

3 Tight time lines: New Quickie Election Rules Petition served by FAX (expect it Friday afternoon) Two days to post notice of petition Seven days to submit statement of position ( SOP ) Eight days to hearing on bargaining unit issues 10 to 12 days for voter list Approx. 20 to 25 days to election

4 New Quickie Election Rules High demand for information: If the unit is contested, you must list who should be included or excluded You must provide a list of employees in unit with the SOP including classification, shift, and location Voter list includesavailablee mail e mail and cellphone Any issues not raised in the SOP are waived

5 Quickie Election Rule Seven Day To Do List 1. Post notice of petition for election. 2. Assess strength of union support. 3. Determine whether to contest proposed bargaining unit. Common policies governing working conditions? Common supervision/management? Functional integration? Similar work, similar skills, similar training? Are there supervisors in one of the petitioned for job classifications?

6 Quickie Election Rule Seven Day To Do List 4. Determine whether it is feasible to stip to a unit. 5. Make recommendation as to date, times, and site of election. 6. Prepare list of unit employees, w/their shifts, locations, classifications, and departments. Who are the supervisors? Who are the regular FT/PT employees? 7. Prepare SOP 8. Prepare witnesses and exhibits for the unit determination hearing. Meanwhile immediately ramp up an effective campaign.

7 What Can You Do Now? Evaluatestrengths and weaknesses Are there supervisors or managers who need training in how to develop positive relationships? (remember respect, dignity, and voice are the primary organizing themes) Are there well respected employees who could be made part of an effort by management to open lines of communication?

8 What Can You Do Now? Consider defensive moves Where are the problems and can they be isolated? Can we change shifts, locations, duties, or reporting structure to defeat community of interest? Can we subcontract out functions? Canyou improve on pay, benefits, or working conditions? Are there perhaps small changes that could have big impacts?

9 What Can You Do Now? Check your solicitation policy for compliance Is it overly broad? Consistently enforce it. Does it cover digital communications? Are there changes you can make to who uses e mail or cell phones, and who can post to your Facebook page or Twitter account, and for what purposes, that will insulate you from organizer attempts to use company communication cat o assets?

10 What If A Petition Seems Imminent? Consider launching a pre petition communications campaign DON T let the union get the first word This may or may not expressly address union issues. Train supervisors in what they can and cannot do. (TIPS training, how to handle difficult situations, how to enforce solicitation rules).

11 What If A Petition Seems Imminent? Format alphabetical employee roster with shifts, locations, classifications and departments. Put up your No solicitation signs in areas open to the public. Identify your campaign team and alert them to clear schedules. Start drafting campaign communications.

12 Common Campaign communications 1.Letter/handouts explaining why employees should not sign authorization cards. 2.Letter/handouts explaining why union promises cannot be believed. 3L 3.Letter/handouts/presentation / emphasizing i positive events or developments that the company has experienced, and (if applicable), explaining reasons for unpopular decisions.

13 QUESTIONS?

14 Thank You! John R. Jack Merinar, Jr. Member Steptoe & Johnson PLLC johnson.com Jeffrey M. Cropp Of Counsel Steptoe & Johnson PLLC johnson.com

15 Material Disclaimer These materials are public information and have been prepared p solely for educational purposes. These materials reflect only the personal views of the authors and are not individualized legal advice. It is understood that each case is fact specific, and that the appropriate solution in any case will vary. Therefore, these materials may or may not be relevant to any particular situation. Thus, the authors and Steptoe & Johnson PLLC cannot be bound either philosophically or as representatives of their various present and future clients to the comments expressed in these materials. The presentation of these materials does not establish any form of attorneyclient relationship with the authors or Steptoe & Johnson PLLC. While every attempt was made to ensure that these materials are accurate, errors or omissions may be contained therein, for which any liability is disclaimed.