2010 EFCA Preparedness
                                                                                           Webcast:...
How will EFCA and
                                                                                        national policie...
Welcome & Today’s Topics

                  • Introduction
                  • What the survey tells us
                  ...
Audience Quick Poll

                  How many of you have unions in place
                    now?
                  • Y...
What we’re here to discuss today

                  • Not here to discuss just
                    EFCA
                  ...
Risk #1: EFCA in Some Format


                                                                                           ...
Risk #2: Appointments = Easier Unions




CONFIDENTIAL
© 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and ...
Audience Quick Poll

             Do you still believe Craig Becker will be a
               recess appointment?
         ...
Status of EFCA: What’s the latest?

                  • How do you get a
                    union now?
                  ...
Survey Results –Toolbar Live Link

                  • As we’ve discussed,
                    there’s no consensus
      ...
How will EFCA and
                                                                                        national policie...
Survey Training - Who




CONFIDENTIAL
© 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information ...
Audience Quick Poll

                  We can see from our survey that most of you have
                    opted not to t...
Survey Training - Who

                  • Organizations should
                    focus on training hourly
             ...
Survey Training – How


                          88%


                                                                  ...
Survey Training - How

                  • Rules about union
                    communications
                  • Traini...
How will EFCA and
                                                                                        national policie...
What if EFCA does not pass?

                  • Other legislation will make it
                    easier to organize:
  ...
Other Labor-Friendly Legislation

                                                                                        ...
What if EFCA does not pass?

                  • NLRB will restrict employers’
                    rights, regardless of
 ...
What if EFCA does not pass?

                  • Liebman Board
                  • Other Current chatter:
                ...
How will EFCA and
                                                                                        national policie...
Recent NLRB Appointments

                  •         Importance of NLRB
                  •         Overview of Two-Board...
Craig Becker’s Ideology:

                  • In union elections, "Because employers lack the formal
                    s...
Audience Quick Poll

                  We’d like to ask you about how closely
                    you’re following the NLR...
How will EFCA and
                                                                                        national policie...
B&T Labor & Employment Law

                  • Representing clients in all 50 states,
                    Canada, Mexico ...
B&T Labor & Employment Law

                  • One of 22 firms nationally on
                    Workforce Management Mag...
B&T Labor & Employment Law



                  • Our Chambers USA 2009 listing reads:
                  “The labor and em...
Upcoming SlideShare
Loading in...5
×

EFCA Webcast by Barnes & Thornburg, LLP

479
-1

Published on

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
479
On Slideshare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
1
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

EFCA Webcast by Barnes & Thornburg, LLP

  1. 1. 2010 EFCA Preparedness Webcast: How will EFCA and national policies impact you? March 19, 2010 CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  2. 2. How will EFCA and national policies impact you?: Introduction to EFCA & Survey Results Kenneth J. Yerkes Chair, Labor & Employment Dept. ken.yerkes@btlaw.com 317.231.7513 Indianapolis, IN CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  3. 3. Welcome & Today’s Topics • Introduction • What the survey tells us • EFCA awareness training: Who? • EFCA awareness training: How? • What if EFCA does not pass? • What do recent NLRB appointments mean? CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  4. 4. Audience Quick Poll How many of you have unions in place now? • Yes, our organization has a union in place at one or more facilities. • No, our organization has no union in place. CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  5. 5. What we’re here to discuss today • Not here to discuss just EFCA • Broader attack • Two converging risks • Our Goal: Create benchmarks for your internal planning CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  6. 6. Risk #1: EFCA in Some Format Yes – No – EFCA EFCA doesn’t becomes become law in law some form 26% 30% Unsure 44% CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  7. 7. Risk #2: Appointments = Easier Unions CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  8. 8. Audience Quick Poll Do you still believe Craig Becker will be a recess appointment? • Yes, Becker will be a recess appointment. • No, Becker will not be a recess appointment. CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  9. 9. Status of EFCA: What’s the latest? • How do you get a union now? • How is EFCA in its proposed form going to change that? • Possible compromises CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  10. 10. Survey Results –Toolbar Live Link • As we’ve discussed, there’s no consensus about EFCA • EFCA abolishes secret ballots, not favored • EFCA calls for interest arbitration, not favored • Easier union organizing • Not enough training… CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  11. 11. How will EFCA and national policies impact you?: Awareness Training – Who and How? John T.L. Koenig Partner john.koenig@BTLaw.com 317.231.7718 Indianapolis, IN CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  12. 12. Survey Training - Who CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  13. 13. Audience Quick Poll We can see from our survey that most of you have opted not to train your employees. We’d like to ask you why you’ve made this decision. Is it mostly based on one of the following reasons? • No resources to provide the training • No funds to pay for the training • No sense that we need to do it – we don’t consider ourselves to be at risk for unionizing activity • Other reasons? CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  14. 14. Survey Training - Who • Organizations should focus on training hourly employees most • Train front-line supervisors and foremen with a secondary focus • Train executives / directors last, or least frequently CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  15. 15. Survey Training – How 88% 64% 50% 27% 8% 0% Meetings Small Group Outside Written Materials Meetings Hotline Discussions Consultants CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  16. 16. Survey Training - How • Rules about union communications • Training methods for front- line supervisors • Training methods for hourly employees – Make it “top of mind” – Testimonials and examples – Know your employees CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  17. 17. How will EFCA and national policies impact you?: What if EFCA does not pass? Matthew D. Austin Of Counsel matt.austin@BTLaw.com 614.628.1409 Columbus, OH CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  18. 18. What if EFCA does not pass? • Other legislation will make it easier to organize: – RESPECT Act – Minority Unions – Repeal of 14(b) of Taft Hartley – Patriot Employers Act – Working Families Flexibility Act – Healthy Families Act (Please see the presentation toolbar for complete copies of the RESPECT, Patriot, Working Families Flexibility and Healthy Families Acts.) CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  19. 19. Other Labor-Friendly Legislation • “High Road” Federal Contracting Standards • “Merkely Amendment” to Health Care Bill • AFL-CIO to spend record sum in 2010 • “Jobs with Rights Now” in the South • Withdrawing from NAFTA CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  20. 20. What if EFCA does not pass? • NLRB will restrict employers’ rights, regardless of appointments • Important cases of note: – Dana Corp. – Harborside Healthcare – Register Guard – Oakwood Healthcare – Brown University – IBM, Corp. – Crown Bolt – Lutheran Heritage CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  21. 21. What if EFCA does not pass? • Liebman Board • Other Current chatter: Washington University Law School Speech "The Revival of American Labor Law" presented Feb 17, 2010 (Please see the presentation toolbar for the full speech.) CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  22. 22. How will EFCA and national policies impact you?: Recent NLRB Appointments William T. Hopkins, Jr. Partner tuck.hopkins@BTLaw.com 260.425.4644 Fort Wayne, IN CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  23. 23. Recent NLRB Appointments • Importance of NLRB • Overview of Two-Board Member Board • Appointment Process • Current Nominees – Brian Hayes – Mark Gaston Pearce – Craig Becker • What’s the fuss about Becker? CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  24. 24. Craig Becker’s Ideology: • In union elections, "Because employers lack the formal status either of candidates buying to represent employees or voters, they should not be entitled to charge that unions disobeyed the rules governing voter eligibility or campaign conduct. On questions of unit determination, voter eligibility and campaign conduct, only the employee constituency and their potential union representatives should be heard." • "Just as U.S. citizens cannot opt out against having a congressman, workers should not be able to choose against having a union as their monopoly-bargaining agent.“ "Democracy in the Workplace: Union Representation and Federal Labor Law.“ 1993. Minnesota Law Review. CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  25. 25. Audience Quick Poll We’d like to ask you about how closely you’re following the NLRB’s process and related appointees. Which one of these options best describes your news watch pattern? • Closely • Somewhat • Infrequently or not at all CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  26. 26. How will EFCA and national policies impact you?: Closing Remarks Kenneth J. Yerkes Chair, Labor & Employment Dept. ken.yerkes@btlaw.com 317.231.7513 Indianapolis, IN CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  27. 27. B&T Labor & Employment Law • Representing clients in all 50 states, Canada, Mexico and a host of other countries • More than 80 legal professionals with a wealth of experience and supporting team members; a “Top 10” labor firm • Over 60 distinct areas of labor services CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  28. 28. B&T Labor & Employment Law • One of 22 firms nationally on Workforce Management Magazine's 2009 "Hot List" of Top U.S. Labor and Employment Firms • Top 20 busiest firm for ADA (#8), Civil Rights (#10), Employment Practices (#18) (2009 Litigation Almanac, Law360) • Listed as one of Corporate Counsel Magazine's 2009 "Go-To Law Firms of the World's Leading Companies" CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  29. 29. B&T Labor & Employment Law • Our Chambers USA 2009 listing reads: “The labor and employment department is a driving force within this general practice firm, and its 32 partners in the Midwest operate on a national scale. With a particular strength in classic labor law, the group also has an impressive profile in employment litigation.” The Chambers Method: Editorial comment is based on research, with quotations used when they sum up the prevailing opinion in the market. The rankings and editorial comment about lawyers are independent and objective. Inclusion in this section of the guide is based solely on the research team's findings. No one can buy their way in. CONFIDENTIAL © 2010 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  1. A particular slide catching your eye?

    Clipping is a handy way to collect important slides you want to go back to later.

×