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Organized Labor: The Employee Free Choice Act And More Mark J. - - PDF document
Organized Labor: The Employee Free Choice Act And More Mark J. - - PDF document
Organized Labor: The Employee Free Choice Act And More Mark J. Neuberger Foley & Lardner LLP, Miami Office 1 The Current State of American Unions Shift from a manufacturing to a service based economy Globalization of the workforce
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The Current State of American Unions
Unions have not fared well under the past 2 presidents due to NAFTA, economy and conservative NLRB Courts have not been kind Perception that the process is skewed in favor of management Despite this, unions win roughly 50% of the elections held
Politics Inside and Outside The Unions
2005 split between AFL-CIO and formation of Change to Win Coalition Split was over organizing vs. politics But you would never know that today
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The Current Legal Process
A showing of interest through signed authorization cards triggers Voluntary recognition by the employer OR Secret ballot election conducted by NLRB After certification of the union, 1 year to try to get contract before decertification can be filed
The Employee Free Choice Act
A/K/A The Card Check law Does away with secret ballot elections A union would be installed as the workers’ representative if a majority of a given company’s employees signed cards indicating they favored the union
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No Campaign for 41 days Employer may never know an
- rganizing
drive is
- ccurring
The Employee Free Choice Act It Gets Worse…
After certification, parties will have 90 days to negotiate a first contract If no contract is reached it is referred to mandatory mediation with the Federal Mediation and Conciliation Service 30 days later, mandatory arbitration if union and employer cannot strike a deal
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It Gets Worse…
Increased penalties for employers who violate workers’ right to organize No corresponding increase in penalties for unions that violate the law
Employee Free Choice Act
H.R. 800 Passed in the House in March, 2008 by a vote 241-185
- S. 1041 only had 51 votes in the
Senate Did labor deliver Michigan, Wisconsin, Ohio, Pennsylvania and even Florida to Obama?
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But Wait, There’s More!
Re-Empowerment of Skilled and Professional Employees and Construction Trade Workers Act OR R-E-S-P-E-C-T Would amend the definition of who qualifies as a supervisor under the NLRA
Respect Act
Designed to overturn recent U.S. Supreme Court Decision Impacts working supervisors such as Registered Nurses, Construction Foremen, Office Supervisors Broadens the scope of an appropriate bargaining unit; requires that a worker spend the majority of his/her time supervising other employees
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Is The Work World As We Know It Coming To An End?
Not if you take control! What you should be doing right now Get up to speed on the current law Learn what unions are doing now and how they organize now Train you management
Taking Control
The most vulnerable point in your company’s defense is your first line of supervision Train them in how to properly supervise and communicate with their employees Train them to understand why and how unions organize and the do’s and don’ts.
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Taking Control
Get involved in the political process either directly or indirectly through industry, trade and professional associations These things are not a certainty The political process is ripe for compromise
Taking Control
Get top management buy-in Establish practices that make unions unnecessary
– A real and meaningful grievance process – Not “We have an open door policy” – Survey the workplace attitude – Not a suggestion box in the lunch room – Sell the “benefits” of working for your company – If your company is a lousy place to work make it better
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Taking Control
Analyze your vulnerability – Consider use of "focus groups" or other means to
- btain employee feedback in order to get clear
perception of employee attitudes. – Deal with problem areas identified promptly and proactively. Consider changes if needed Develop means for employees to have sufficient feedback/involvement in issues that impact their daily working activities.
Predictions
How soon change comes depends on the economy and other legislative priorities In the private sector, unions are coming up for their last gasp of air Even if no law passes, they will be desperate for more members
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UNIONS WILL WANT PAYBACK Look At The Early Indicators
The Transition Team Economic Policy during the campaign was driven by Clintonians…will that change? Who will be the next Secretary of Labor? Anna Burger, some economist
- r labor lawyer?
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