OVERVIEW LABOR LAW WEBINAR.

Transcription

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2 OVERVIEW National Labor Relations Act NLRA Section 7 Union Campaigns and Cards Collective Bargaining Protected Concerted Action Picketing and Strikes Right to Work Laws

3 NLRA Scope National Labor Relations Act 1. Covers most employers 2. Examples: Manufacturers Hospitals Transportation Banks Hotels Etc.

4 NLRA Scope Employees and Employers Covered by the Act 1. Although Sections 2(s) and 2(3) are very broad definitional sections, the following groups are excluded: a. Employers Excludes government, railroad, and airlines b. Employees Excludes certain employees such as agricultural and domestic workers; independent contractors and supervisors.

5 NLRA Scope Supervisors vs. Employee 1. Supervisors are explicitly excluded. 2. Factors: a. Having the authority b. In the interest of the employer c. To hire, transfer, suspend, lay off, promote, discharge, assign, reward, discipline other employees, or responsibility to direct them, or to adjust their grievances d. Or to effectively recommend such action e. And use independent judgment

6 NLRB Procedure The Two Functions: 1. Representative Function 2. Unfair Labor Practice Function

7 Section 7 Rights Join a Union Bargain collectively Engage in concerted activity Refrain from joining a union, bargaining collectively, or engaging in concerted activity

8 Employer s Free Speech The expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this Act, if such expression contains no threat of reprisal or force or promise of benefit. National Labor Relations Act Section 8(c)

9 Traditional Union Organizing

10 Step #1 Step 1: Contact the We recommend the first thing you do is contact the for assistance. We have full-time staff dedicated to assisting you and your co-workers. We can offer advice as to how to proceed in a logical direction.

11 Step # 2 Step 2: Form a core group A core group, also called an "Organizing Committee," will be the engine behind your effort. Its members should reflect a wide variety of jobs and backgrounds found within your workplace. This team will first learn all the legal do s and don ts, then work to educate co-workers.

12 Step # 3 Step 3: Devise a Strategy Decide what it is you want and write down your goals. List specific changes you would like to see and build a list of all workers and their contact information. Once you know what it is you want the can help you achieve these goals. The best strategy is one that is clear and concise, one that the company cannot refute, distort or dismiss.

13 Step # 4 Step 4: Build a Majority Before your committee attempts to get members to sign on, it s important to build a clear majority of support by helping co-workers identify with the issues clearly. The goal is to build a majority so that the next step - an election - will run smoothly.

14 IMPORTANCE OF THE UNION AUTHORIZATION CARD Once a Union obtains enough signed authorization cards from a Company s employees (30%) they have shown sufficient employee interest in order to obtain an election 14

15 Step # 5 Step 5: Hold an Election Once enough cards have been signed, they are submitted to state or federal labor boards in order to obtain a "Petition to Hold Elections." Labor Boards typically take a few weeks to approve this process. If the election is successful and your Union is certified, the employer must recognize your local Union.

16 Step # 6 Step 6: Bargain and sign a Contract Once the election is won, the employer is legally obligated to bargain "in good faith" with the newly formed Local. Once this contract is agreed to by both parties and signed it is legally binding.

17 EMPLOYER SHOULD NOT TIPS T - Threats I - Interrogation P - Promises S - Spying 17

18 EMPLOYER CAN BE A FOE F - Facts O - E - Opinions Experiences 18

19 New Election Rules Proposed significant changes to NLRB Elections Originally proposed in July 2011 Invalidated in 2012 Re-proposed on February 5, 2014 Adopted with changes December 15, 2014 Effective April 14, 2015

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21 Shorter Campaigns, Faster Elections Prior Timeline Election days from filing of Petition: Petition filed NLRB Hearing within 14 days List of eligible voters due 7 days after DDE or stipulation Election held minimum of 1-13 days after Union receives voter list Current Timeline Election approx days from filing of Petition: Petition filed NLRB Hearing within 8 days No Briefs Decision List of eligible voters due 2 days later Union can waive 10-day time period from when it receives voter list Election held as quickly as 13 days

22 Abbreviate R-Case Hearing Requires More Advance Planning Prior Rules New Rules Parties not required to submit employee data and statistics to NLRB Parties not required to state their position on issues prior to pre-election hearing Employer contesting unit must submit a State of Position 1 day before hearing (7 days): Whether & why unit is inappropriate Classifications, locations or other groupings to be included or excluded Position on individual eligibility Election details (date, time, place eligibility cutoff) Detailed employee list Supervisors

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24 Submit Detailed Personnel Information Prior Rules Employer must submit list of eligible voters 7 days after NLRB has directed that an election take place including Home Address New Rules Employer must submit list of eligible voters 2 business days after DDE, including Home address Home phone number Cell phone number Personal address Location, shift, job classification Union may waive 10 days between receiving list and election.

25 Protected Concerted Action

26 Recent Developments During the past few years, the NLRB has been systematically targeting employers policies that were traditionally thought of as being beyond the scope of the NLRA many of these employers have been non-unionized

27 NLRA Standard An employer violates Section 8(a)(1) when it maintains a work rule that reasonably tends to chill employees in the exercise of their Section 7 rights.

28 March 18, 2015 Office Of The General Counsel Memo [B]e respectful to the company, other employees, customers, partners, and competitors ILLEGAL! - overbroad because employees would construe this policy to ban protected criticism of the company and management Do not send unwanted, offensive, or inappropriate s ILLEGAL! vague and overbroad because this policy could be construed to unlawfully prohibit communications regarding Section 7 protected communications

29 March 18, 2015 Office Of The General Counsel Memo (Cont.) Prohibition from wearing cell phones, making personal calls or viewing or sending texts while on duty ILLEGAL! - employees reasonably would understand on duty to include breaks and meals during their shifts, as opposed to their actual work time Do not use threatening, intimidating, foul or inappropriate language ILLEGAL! rules that generally forbid inappropriate language, without examples or context, would reasonably be construed to prohibit protected communications about or criticism of management, labor policies, or working conditions.

30 Picketing and Strikes The right to picket and strike derives from Section 7 Employees may engage in other activities for the purpose of... other mutual aid or protection Typically addresses matters such as wages, benefits, working conditions, and hours of work If lawful, then no discipline, discharge, or adverse action by employer

31 Informational Picketing typically used to inform the public about matters of concern to a union may occur before or during union campaign or while CBA is in place (e.g., during a strike) Recognitional Picketing picketing intended to force the employer to recognize a union as the bargaining representative of employees or to force the employer, without formal recognition of the union, to maintain a specific and detailed set of working conditions

32 The NLRA generally allows unions and employees to picket as long as the picketing does not restrain or coerce employees in the exercise of their Section 7 rights.

33 Under South Carolina law, it is illegal for any person to by force, intimidation, violence, or threats thereof, or violent or insulting language, directed against the person or property, or any member of the family of any person interfere, or attempt to interfere, with such person in the exercise of his right to work, to pursue or engage in, any lawful vocation or business activity, to enter or leave any place of his employment... or compel or attempt to compel any person to join, support, or refrain from joining or supporting any labor organization

34 Illegal Picketing (cont.) South Carolina also makes it illegal for any person to engage in picketing by force or violence or in such number or manner as to obstruct or interfere, or constitute a threat to obstruct or interfere, with free ingress to, and egress from, any place of employment, or free use of roads, streets, highways, sidewalks, railways or other public ways of travel, transportation or conveyance South Carolina law also expressly provides that a party (employer) adversely affected by illegal picketing may obtain a temporary restraining order and injunctive relief against illegal picketing

35 Illegal Picketing (cont.) North Carolina allows municipalities and counties to regulate picketing A municipality or county may adopt an ordinance regulating the time, place, and manner of gatherings, picket lines, or protests by pedestrians that occur on State roadways and State highways

36 Strikes Generally, for a strike to be lawful, a labor dispute must exist between employees and management What is a labor dispute? Any controversy concerning terms and conditions of employment or the collective bargaining process as it relates to terms and conditions of employment

37 Types of Strikes Two Types Of Strikes 1. Economic Strike -Protest related to wages, hours, or other terms and conditions of employment 2. ULP Strike -strike caused or prolonged by an employer s unfair labor practice -an economic strike may convert to a ULP strike

38 Types of Strikes (cont.) Employee/Employer rights during strikes Economic Strike Employer may replace striking employees with newly hired workers Even with an unconditional offer to return to work, a returning employee cannot take his/her old job away from newly hired employee Employer is not required to give the returning employee any job unless a job is available But, the returning employee remains an employee of the employer ULP Strike If striking employee makes an unconditional offer to return to work, then the returning employee is entitled to immediate reinstatement to former job

39 Right to Work Laws Right to Work laws are important for employers because: they guarantee the right of workers to join OR not join a union employees who choose not to join a union cannot be forced to pay union dues The NLRB has been very vocal recently about its intention to challenge, limit, and even eliminate state right to work laws

40 South Carolina Right to Work Law It is hereby declared to be the public policy of this State that the right of persons to work must not be denied or abridged because of membership or nonmembership in a labor union or labor organization. S.C. Code Ann. Sec And furthermore... The fundamental right of an individual to vote by secret ballot is guaranteed for a designation, a selection, or an authorization for employee representation by a labor organization. S.C. Constitution, Article II, Section 12.

41 South Carolina Right to Work Law (Cont.) South Carolina law expressly states that it is unlawful for an employer to require an employee, as a condition of employment, or of continuance of employment to: be or become or remain a member of a labor organization or agency abstain or refrain from membership in a labor organization; or pay any fees, dues, assessments, or other charges or sums of money to a person or organization. S.C. Code Ann. Sec

42 North Carolina Right to Work Law The right to live includes the right to work. The exercise of the right to work must be protected and maintained free from undue restraints and coercions. It is hereby declared to by the public policy of North Carolina that the right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labor organization or association. N.C. Gen. Stat. Sec

43 North Carolina Right to Work Law (Cont.) Like South Carolina, North Carolina law expressly states that an employee cannot be required to join or remain a member of a union; refrain from joining a union; or be required as a condition of employment to pay union dues or fees. N.C. Gen. Stat. Secs , & North Carolina has not passed a secret ballot constitutional amendment similar to that passed by South Carolina. An attempt to place such an amendment on the November 2014 statewide ballot was unsuccessful.

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