1. UNION ORGANIZING IN THE OBAMA ADMINISTRATION
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UNION ORGANIZING IN THE OBAMA ADMINISTRATION
© 2008 Venable LLP -

2. 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

3. LABOR’S AGENDA FOR 2009 EMPLOYEE FREE CHOICE ACT (“Card Check”)
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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 -

4. The Card Check Bill
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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 -

5. WHY DOES EFCA MATTER? Uninformed employees will sign cards
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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 -

6. WHAT YOU SHOULD BE DOING NOW TO GET READY FOR EFCA
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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 -

7. WARNING! THINK . . . Would You Sign A Blank Check?
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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 -

8. IMPACT OF THE “RESPECT” ACT
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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 -

9. 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

10. 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

11. ALSO LIKELY POST-ELECTION
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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 -

12. AND DON’T FORGET WHAT’S ALREADY HAPPENED IN 2008…
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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 -