Employee Free Choice Act— Union-Free Strategies

Union Membership Statistics In 2008, 12.4% of all workers were union (16.1 million workers) Private Sector Employees– 7.6% Public sector employees -- 36.8% Highest rate is with local government workers--membership rate of 42.2%

Who Belongs To Unions Today? Union membership rates: Men at 13.4% Women at 11.4% (although this margin growing smaller every year) Membership rates highest among workers 45-54 and 55-64 Lowest among workers 16-24

Where Are Unions Weakest? Lowest Union membership: North Carolina 3.5% Georgia 3.7%, South Carolina 3.9%, Virginia 4.1%, Texas 4.5% Louisiana 4.6%.

Where are Unions Strongest? Highest membership: New York 24.9% Hawaii 24.3% Alaska 23.5%.

Background On Employee Free Choice Act (EFCA) -- EFCA passed House 241-185 in 2007 --Senate failed to get the 60 votes on June 26, 2007 --Current Congress 56 Dem, 41 Rep, and 2 Ind --Congress was 49 – 49 – 2 --New EFCA introduced by George Miller in House and Ted Kennedy in Senate on March 10, 2009

EFCA and Union Organizing No election if Union gets 50% plus 1 of employees to sign a card Bargaining Must Begin w/in 10 days after certification

EFCA and Union Negotiations Bargaining – Employer and union are allowed 90 days of collective bargaining Mediation – If unable to reach a contract within 90 days of negotiations, FMCS mediation for 30 days Binding arbitration – Arbitrator decides first contract with all workplace conditions

EFCA and Fines/Penalties Damages - Requires treble damages for employers for terminating or retaliating against an employee for union organizing efforts Fines - Up to $20,000 for the following new violations of NLRA: threatening to close a facility or move business operations out of the country modifying employee’s pay, assignments or work schedules because of activity during a union drive prohibiting employees from wearing union campaign buttons or other paraphernalia

2007 Union Cases (Nationwide) --Unfair labor practice cases in 2007: -22,331 down from 23,091 received in 2006 --Representation cases in 2007: - 3,056, down from 3,354 received in 2006 --Industries with highest number of cases: -Utilities, Construction, Manufacturing, Wholesale and Retail Trade, Transportation and Warehousing, Telecommunications and Publishing, Healthcare, and Administrative Services

Geographic Distribution of Cases Highest Number of Representation Cases: Illinois, Michigan, Ohio, New York, Pennsylvania, California and Washington (state) Lowest Number of Representation Cases: Mississippi, Idaho, Wyoming, Maine, New Hampshire, Vermont, Nebraska, South Dakota and Louisiana

Basics Of Union Prevention, Organizing and Campaign Preventive Strategies Pre-Hires Current Employees Training Supervisors Three Steps to Union Organizing Card Signing Legal Case—The Representation Case Election Campaign

The Organizing Drive Union “Starts an Organization Drive” Now you wish you had done the preventive work Union Attempts to Convince Your Employees to Sign an Authorization Card Card Speech and attempt to keep them from signing If 30 Percent of Employees Sign A “Card,” the Union can Demand an Election Unions usually want 65%

The Legal Process The National Labor Relations Board (NLRB) Determines----The “Appropriate Unit” for Collective Bargaining The “R” Case---What is the Unit? Expand or Contract the Unit Who Gets To Vote– Job Classifications Usually Production and Maintenance Office and Clerical, Shipping, Distribution Center, Quality Control, Who are Supervisors?, Nearby Facilities

The Election Campaign The Election Campaign--- Videos Small Group Meetings Polling Website Email Messages Home Mailings Postings Events

Why Invest/Prepare Now? Regardless… Some Form of EFCA is coming Positive Culture Positive Communications Better Hires, Employees, Supervisors Lessen Risk of Litigation

NLRB is not Getting Better -Appointed by President Obama through 2011 - Labor Counsel for the Bricklayers and Craftsmen -Legal Counsel to the International Teamsters   B.A. from Barnard College in New York City and a J.D. from the George Washington University Law Center

Preventive Strategies Identify Your Team 1. Management/Human Resources Lawyers Consultant– Advisors (identifying Risk/Prevention) Training/Communications Resources

Legal Issues/Preventive Strategies STEP 1---The Legal Issues Review Your Policies: Policies for Union Avoidance are Different than EEO Union Free Statement Valid No- Solicitation/ No-Distribution Rules Handbook (Grievance Procedure and Basic Policies) Morale Survey/Testing/Interviews Audit Your Facility to Determine the Unit Expand the Unit/Contract the Unit “Community of Interests” Redefine Relationships/Reporting

STEP 2---Assess Your Union Risk Look at Geographic Area Look at your Demographics Comparable Employers Identify the Likely Unions Local, strike history, dues, decerts, fines, etc Compare Wages, Benefits and Other Issues Do you need a Consultant Now? Morale Survey/Employee Analysis

STEP 3– Training/Communications Pre-Hire Orientation/New Employees Current Employees Supervisors Custom/off the Shelf Live On-line Written Materials Video

Step 4---Prepare for the Organizing Drive Now Have Written Plan for Management and Supervisors Election Team Roles of Management and Supervisors Have All Communications Identified/Prepared Have Kick-off, Mid-Term and Closing Speeches Prepared Have Written Plan/Calendar for Communicating with Employees

Step 5---Prepare for the Election Campaign Now Have Written Plan for Management and Supervisors Election Team Roles of Management and Supervisors Have All Communications Identified/Prepared Have Kick-off, Mid-Term and Closing Speeches Prepared Have Written Plan/Calendar for Communicating with Employees

Projections, Inc.