UNION ORGANIZING IN THE OBAMA ADMINISTRATION themed title UNION ORGANIZING IN THE OBAMA ADMINISTRATION © 2008 Venable LLP - www.Venable.com

UNION ORGANIZING – THE WAY IT WORKS NOW Pre-petition Card Signing NLRB election petitions and campaigns Management’s response - Do’s and Don’t’s Winning elections with employee communications If you lose, good faith bargaining required, but no forced contracts

LABOR’S AGENDA FOR 2009 EMPLOYEE FREE CHOICE ACT (“Card Check”) themed title EMPLOYEE FREE CHOICE ACT (“Card Check”) RESPECT ACT (Changing the definition of supervisors) Union-only PLAs on federally funded work GOVERNMENT BLACKLISTING OF LABOR LAW VIOLATORS REPEAL OF 14(B) (RIGHT TO WORK) © 2008 Venable LLP - www.Venable.com

The Card Check Bill themed title Prospects for passage of the Employee Free Choice Act (EFCA) What EFCA Says: No more elections Mandatory Arbitration (forced contracts) Dramatically increased penalties for ULPs AUTHORIZATION FOR REPRESENTATION I hereby request and accept membership in the Union and designate this Union to act as my collective bargaining representative with my employer in all matters relating to my wages and other conditions of employment. _______________ _________________ Date Signature © 2008 Venable LLP - www.Venable.com

WHY DOES EFCA MATTER? Uninformed employees will sign cards themed title WHY DOES EFCA MATTER? Uninformed employees will sign cards Uninformed managers will mess up Organizing will increase dramatically. Who will interpret the new law? The NLRB and the courts. Bottom line - No second chances! © 2008 Venable LLP - www.Venable.com

WHAT YOU SHOULD BE DOING NOW TO GET READY FOR EFCA themed title WHAT YOU SHOULD BE DOING NOW TO GET READY FOR EFCA Train your managers Talk to your employees Create an immediate response plan Consider corporate restructuring © 2008 Venable LLP - www.Venable.com

WARNING! THINK . . . Would You Sign A Blank Check? themed title WARNING! THINK . . . Would You Sign A Blank Check? No. 1234 EMPLOYEE Hometown, U.S.A. Date Forever PAY TO THE ORDER OF The Union ______ $__???? _______________________________________Dollars U.S. Bank My Money and My Rights__ My Signature__ memo THE UNION CARD MEANS EXACTLY WHAT IT SAYS: AUTHORIZATION FOR REPRESENTATION I hereby request and accept membership in the Union and designate this Union to act as my collective bargaining representative with my employer in all matters relating to my wages and other conditions of employment. _______________ _________________ Date Signature © 2008 Venable LLP - www.Venable.com

IMPACT OF THE “RESPECT” ACT themed title IMPACT OF THE “RESPECT” ACT Narrowing the supervisory exclusion of the NLRA Working foremen will become union eligible (if they are not already) The EFCA/RESPECT Connection © 2008 Venable LLP - www.Venable.com

DEALING WITH SALTING Salting’s continuing impact on union organizing EFCA, and the new NLRB, will increase the backpay penalties for salts Checklist for responding to salting and avoiding hiring discrimination

RESPONDING TO “TOP DOWN” UNION PRESSURE TACTICS Union picketing, handbilling, bannering, violence, and rats ABC’s picket line checklist and other responses LASER/Union Corporate Campaigns/Slanders

ALSO LIKELY POST-ELECTION themed title ALSO LIKELY POST-ELECTION Civil Rights Damages “REFORM” Independent Contractor Misclassification Act National Paid Sick Leave OSHA Expansion Immigration Sanctions AND Tougher Agency Enforcement © 2008 Venable LLP - www.Venable.com

AND DON’T FORGET WHAT’S ALREADY HAPPENED IN 2008… themed title AND DON’T FORGET WHAT’S ALREADY HAPPENED IN 2008… THE ADA Amendments Act (“ADAAA”) New FMLA Law And Regulations Genetic Anti-Discrimination E-VERIFY Expansion FLSA Class Action Explosion © 2008 Venable LLP - www.Venable.com