Legal Requirements Under the National Labor Relations Act Impacting on Employer and Employee Rights May 22, 2008 Presented By: Christopher C. Antone, Esq. Jackson Lewis LLP 3811 Turtle Creek Blvd., Suite 500 Dallas, Texas (214) © 2008, Jackson Lewis LLP

3 Section 2(11) Of The NLRA “The term ‘supervisor’ means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.” - National Labor Relations Act - National Labor Relations Act

4 To Be A Supervisor, The Individual Must: Engage in one of the 12 activities listed in Section 2(11) or Effectively recommend one of them and Use independent judgment in doing so and Do so in the interest of the employer

5 Section 7 “Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities... ” - National Labor Relations Act

6 Hey Boss... Do We Have A Position On Unions?

7 We are committed to providing you with a safe work environment that is free from harassment and intimidation. We are committed to providing you with a safe work environment that is free from harassment and intimidation. Our history has shown that the best way to assure continued job security is by working together to provide service to our customers and by living our Company values. Our history has shown that the best way to assure continued job security is by working together to provide service to our customers and by living our Company values.

8 Role Play Should I sign a card?

9 Sample Union Authorization Card

10 DON’T SIGN THE CARD!

11 Freedom Of Speech Section 8(c) Of The NLRA Says: “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...” facts oral, electronic,

12 T hreat Management Retaliation for Employee Union Activity I nterrogation P romise BribeGroveling S py (Ask?)