Organized Labor/Unions: What Texas Building Managers Need to Know.

Transcription

1 Organized Labor/Unions: What Texas Building Managers Need to Know. DATE: JANUARY 21, 2016 PRESENTER: JACOB MONTY, MANAGING PARTNER MONTY & RAMIREZ LLP

2 Clip from The Office: The Guys Start a Union

3 What is a Labor Union? A Labor Union is an organization traditionally designed to represent the collective interests of employees through negotiations with employers over wages, hours, and working conditions.

4 What does it mean to be a Right to Work State? A state that has (adopted by statute or constitutional amendment) laws which provide employees the right to decide for themselves whether or not to: Join or Financially support a union.

5 What does it mean to be a Right to Work State? Right to Work Laws prohibit agreements (contracts) between labor unions and employers, which require any of the following as a condition to hiring or continued employment: Employees membership with the union, Employees payment of union dues, or Employees payment of union fees. Texas is a right-to-work state. Under the Texas Labor Code, a person cannot be denied employment because of membership or non-membership in a labor union or other labor organization. Tex. Labor Code Ann , et al.

6 Map of Right-to-Work & Forced-Union Fees States Protect your signature, you may be signing your membership up front In a Right-to-Work State signing union authorization cards may obligate you to join the union, to follow union rules as outlined in their constitution, and to pay union dues and other costs. COPYRIGHT ALL RIGHTS RESERVED. 6

7 Texas Right to Work Statutes Tex. Gov t Code Ann. Right to Work An individual may not be denied public employment because of the individual's membership or non-membership in a labor organization. Tex. Labor Code Ann Right to Bargain A person's inherent right to work and to bargain freely with the person's employer, individually or collectively, for terms of the person's employment may not be denied or infringed by law or by any organization. Tex. Labor Code Ann Denial of Employment Based on Labor Union Membership Prohibited A person may not be denied employment based on membership or non-membership in a labor union. Tex. Labor Code Ann Contract Requiring or Prohibiting Labor Union Membership Void A contract is void if it requires that, to work for an employer, employees or applicants for employment: (1) must be or may not be members of a labor union; or (2) must remain or may not remain members of a labor union.

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9 Major Labor Unions in the United States National Education Association of the United States Teachers Service Employees International Union Janitors American Federation of State, County, and Municipal Employees Public Service Employees The International Brotherhood of Teamsters Airline and Construction Employees United Food and Commercial Workers Grocery Store Workers American Federation of Teachers Teachers

10 5 Steps to Organize a Workforce: Traditional Step 1: Develop an Organizing Committee Step 2: Sign Up Majority of Employees by Union Authorization Cards Step 3: Win the Union Secret Ballot Election Step 4: Negotiate a Collective Bargaining Agreement

11 Corporate Campaign-Fast Track Method 1. Hurt employer s business, brand, customers, employees by administrative charges, social media attacks, demonstrations 2. Employer feels pressure from corporate campaign and agrees to neutrality - waives secret ballot election rights of employees 3. Union and company negotiate a collective bargaining agreement

12 Corporate Campaign Unlikely job candidates-> Salting Too good to be true? Changes in number of complaints or complainants OSHA complaints Union authorization cards in the workplace Collective Action Lawsuits for Wages Owed Leaflets or flyers about the company Blogs, websites about the company Union buttons, stickers, etc. Sabotage

13 Union Leaflets or Flyers

14 What are the supposed benefits employees are promised with Unionization? Employees are Promised: Increases in Wages and Benefits Job Security Union can have a member of management removed Immigration benefits But these are NOT Guaranteed: Union Organizers will makes these promises to employees in order to obtain their signature on union authorizations cards.

15 What are the Potential Upsides to a Unionized Work Force? Stability in the labor force. A better trained workforce. Lower employee turnover.

16 What are the Potential Downsides to a Unionized Work Force? You Lose Control of Your Workforce: You can t terminate an employee except for the most egregious and proven criminal behavior. You can t deal with union employees directly without going through union representatives in a very formal, structured process.

17 What are the Potential Downsides to a Unionized Work Force? The union contract requires employers provide paid for time off for select representatives to go to trainings and other union events/activities. Strikes More conflicts at union worksites Less flexibility - job titles and duties.

18 QUESTIONS COMMENTS?

19 Disclaimer ABOUT US. Established in 1998, Monty & Ramirez LLP is a labor, employment and immigration law firm. That offers a range of corporate legal services to Fortune 500, publicly-traded companies, major industry associations and governmental agencies (notably serving as Immigration Counsel for the agencies). The Firm represents employers in investigations and audits conducted by the National Labor Relations Board, Department of Labor, Bureau of Citizenship and Immigration Service, Occupational Safety and Health Administration and Equal Employment Opportunity Commission. DISCLAIMER. Please note that this presentation is for informational purposes only and provides general information concerning employment and immigration law to help you identify when you may need additional advice. It is not an exhaustive treatment of the statutes, case law or regulations that are involved with the subject. Please recognize that the law is developing rapidly in this area and you will want to obtain current legal advice on your specific situation before taking action. Employment and Immigration law liabilities are often highly dependent on the particular facts and circumstances of the individual case or situation. As such, employers should seek the advice of counsel prior to making their determinations. Monty & Ramirez, LLP is available to answer any employment or immigration related issue(s) with Your Company. COPYRIGHT MATERIALS This presentation was prepared for the sole use of Monty & Ramirez LLP or authorized use of its clients. Any unauthorized use is an infringement of attorney work product, trade secrets, copyright law, and any other violation of law. Accordingly, this presentation is protected by US and International copyright laws. Reproduction, distribution, display and use of the presentation without permission of the speaker is prohibited. Any unauthorized use of this presentation is strictly prohibited and Monty & Ramirez LLP reserves all rights to pursue legal action for any unauthorized use of it.