1. NLRB Proposed Rulemaking “Streamlining” or “Quickie Elections”?

2. “Parts of what my colleagues propose seem reasonable enough. On the other hand, the whole of proposed reform is much, much more than the sum of its parts and out of all proportion to specific problems with the Board’s current representation casehandling procedures.” Dissenting View of NLRB Member Brian E. Hayes

3. Petition Filed with NLRB Regional Office Formal Procedures Consent Procedures Formal Hearing (RD or Board) Agreement for Consent Stipulation Regional Director Decision Board Decision (review or direct) Election Conducted By Regional Director Results Conclusive Results Inconclusive Consent Election Stipulated Election Directed Election RD Decides Board Decides RD or Board Decides, Board Reviews Excelsior List - Campaign Election Certified or Re-Run Election Certified

4. Petition Filed with NLRB Regional Office Formal Procedures Consent Procedures Preliminary Hearing (RD only, <20% of unit) Preliminary Hearing (RD only, <20% of unit) Agreement for Consent Stipulation Election Conducted By Regional Director Results Conclusive Results Inconclusive Consent Election Stipulated Election Directed Election RD Decides RD Decides, Board Reviews Excelsior List - Campaign Election Certified or Re-Run Election Certified

5. Proposed Rulemaking June 22, 2011 Notice of Proposed Rulemaking Comments Due August 22, 2011 Public Hearing on July 18-19. 2011 June 22, 2011 Notice of Proposed Rulemaking Comments Due August 22, 2011 Public Hearing on July 18-19. 2011 Proposed Rulemaking Not a final rule 60 days to comment In effect after comment period Comment by web (regulations.gov), hand-delivery or by mail Reference Docket ID NLRB-2011-0002 RIN 3142-AA08 Proposed Rulemaking Not a final rule 60 days to comment In effect after comment period Comment by web (regulations.gov), hand-delivery or by mail Reference Docket ID NLRB-2011-0002 RIN 3142-AA08

6. Consolidate all review issues into one, post-election request for review Hearing suspended to post- election if issues effect less than 20% of unit Key Changes Electronic Filing Statement of Position Form (all future litigation limited to statement of position) Pre-Election = 7 Days Post-Election = 14 Days Pre-Election = 7 Days Post-Election = 14 Days Eliminate 25-30 day waiting period to allow review of Regional Director decisions Board can deny review of post-election rulings Provide voter phone numbers, email, shift & departments within 2 days of direction of election (and immediately to Board)

7. Review all individual voter eligibility issues post- election Other Changes Pre-Election Notice required (electronic posting required where possible) Final Notice to employees electronically transmitted Request for comment on blocking charges (offer of proof, pre-election investigation, impound) Election can be held within 10 days of transmission of eligibility list (or earlier if union agrees) Use of electronic signatures to support a showing of interest

8. Provide phone numbers, email addresses Provided electronically, within 2-days of direction of election Sanctions for misuse? 2 days enough time? “Excelsior” list changes

9. Statement of Position due in 5 business days Defer unit issues to post- election = huge uncertainty Challenged ballot system isn’t “secret” Leads to extensive post- election litigation, fails to solve supposed problems Unit Determination Changes

10. What’s the problem? Elections happen within targets, unions win big Why no stakeholder meetings to determine need for changes? E-signatures = E-voting? Why not apply pre-hearing statement of position in ULP cases? Things that make you go “hmmm.”

11. Encourages “knee-jerk” bad behavior Disenfranchises voters on both sides Shifts employer focus to proactive ER Furthers perception of NLRB as political tool of unions Law of Unintended Consequences

12. Action Item 1: Comment Go to regulations.gov and comment (link on our site) Key topics for comment: No need for the rule… Board meets current targets, unions win, withdrawals are consistent and explainable Disenfranchises voters by increasing use of challenged ballot process Encourages post-election litigation and knee-jerk employer behavior Infringes on privacy of employees Limits legitimate and protected employer speech Action Item 1: Comment Go to regulations.gov and comment (link on our site) Key topics for comment: No need for the rule… Board meets current targets, unions win, withdrawals are consistent and explainable Disenfranchises voters by increasing use of challenged ballot process Encourages post-election litigation and knee-jerk employer behavior Infringes on privacy of employees Limits legitimate and protected employer speech

13. Action Item 2: Congress Newly elected Congress = Republican majority House has appropriations power Can de-fund regulatory activities (i.e. ergonomics) NLRB already under pressure due to Boeing case Key people to contact: Your congressperson Members of the House Appropriations and Education and the Workforce Subcommittees (Kline is Chair) Also Boehner, Issa, King (House) and DeMint (Senate) Action Item 2: Congress Newly elected Congress = Republican majority House has appropriations power Can de-fund regulatory activities (i.e. ergonomics) NLRB already under pressure due to Boeing case Key people to contact: Your congressperson Members of the House Appropriations and Education and the Workforce Subcommittees (Kline is Chair) Also Boehner, Issa, King (House) and DeMint (Senate)

14. Action Item 3: Proactive ER Just the beginning (short elections, micro-units, temps, supervisors, witnesses...) Key leverage point = direct relationship “Left of boom” ER practices Action Item 3: Proactive ER Just the beginning (short elections, micro-units, temps, supervisors, witnesses...) Key leverage point = direct relationship “Left of boom” ER practices BOOM Right of BOOM Left of BOOM Situation Assessment Counter-Campaign Strategy Alert Legal, Consulting, Jump Team Vulnerability Assessment Positive ER, Engagement Hiring/Onboarding Tripwire Team

15. Resources http://lrionline.com/olms-advice-rule http://lrionline.com/nlrb-streamlined-elections

16. “Sadly, my colleagues reduce that cornerstone [of transparency, participation and collaboration] to rubble by proceeding with a rulemaking process that is opaque, exclusionary, and adversarial. The sense of fait accompli is inescapable.” Dissenting View of NLRB Member Brian E. Hayes