1. Employee Free Choice Act— Union-Free Strategies

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

3. 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 and 55-64
Lowest among workers 16-24

4. Where Are Unions Weakest?
Lowest Union membership:
North Carolina %
Georgia %,
South Carolina %,
Virginia %,
Texas %
Louisiana %.

5. Where are Unions Strongest?
Highest membership:
New York %
Hawaii %
Alaska %.

6. Background On Employee Free Choice Act (EFCA)
-- EFCA passed House 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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%

14. 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

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

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

17. 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

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

19. 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

20. 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

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

22. 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

23. 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

24. Projections, Inc.