Remaining Union Free.Ppt

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Tips on avoiding union organization in the workplace

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Remaining Union Free.Ppt

  1. 1. Remaining Union Free<br />424 Church Street Suite 1401Nashville, TN 37219<br />611 Commerce Street, Suite 3030<br />Nashville, TN 37203<br />Bob Gaskill<br />Tennessee Chamber of Commerce & Industry<br />615.256.5141<br />bob.gaskill@tnchamber.org<br />James B. Perry<br />Dickinson Wright PLLC<br />313.223.3096<br />jperry@dickinsonwright.com<br />Mary Neil Price<br />Dickinson Wright PLLC<br />615.620.1753<br />mprice@dickinsonwright.com<br />
  2. 2. Unions in America Today<br />Ten Conditions Leading to Unionization<br />Six Stages of a Union Organizing Drive<br />Campaign Themes<br />Tips to Maintain Union-Free Status<br />Remaining Union Free<br />
  3. 3. Unions in America Today<br />National Labor Relations Act, 1935<br />Employees have the rights:<br /><ul><li>To organize themselves
  4. 4. To form, join or assist labor organizations
  5. 5. To bargain collectively
  6. 6. To engage in concerted activity for mutual aid and protection
  7. 7. To withhold services and to strike
  8. 8. TO REFRAIN FROM UNION ACTIVITIES AND REMAIN UNION FREE</li></li></ul><li>Unions in America Today<br />Purposes of NLRA<br /><ul><li>Provide employees an opportunity to choose a collective bargaining representative, if they want one
  9. 9. Foster collective bargaining between employers and unions who represent their employees
  10. 10. Remedy Unfair Labor Practices committed by employers and unions</li></li></ul><li>Unions in America Today<br /><ul><li>The National Labor Relations Board (NLRB)
  11. 11. The US Government Agency established to administer the NLRA
  12. 12. Five member NLRB in Washington appointed by President
  13. 13. Three Members of President’s party
  14. 14. Two members of other party
  15. 15. NLRB Regional and Sub Regional Offices
  16. 16. 51 offices
  17. 17. Changes and Petitions are filed in the offices
  18. 18. Memphis and Nashville have offices</li></li></ul><li>Unions in America Today<br /><ul><li>President Obama is a strong supporter of unions.
  19. 19. Unions contributed large amounts to his campaign and to most democrats
  20. 20. He voted for the Employee Free Choice Act as a Senator and said:</li></ul> "EFCA is a starting point but there is more to do. I will use the bully pulpit of the presidency to educate our country about the important role of Unions."<br />
  21. 21. Unions in America Today<br />Union Membership Has Continued to Decline<br /><ul><li>The percentage of American workers belonging to a union increased in 2008, the first statistically significant increase in the 25 years that the figure has been reported, but dropped again in 2009
  22. 22. In 2008, union members represented 12.4% of employed workers, up from 12.1% a year earlier (according to BLS). In 2009, Union membership fell by 771,000 to 12.3%
  23. 23. Union membership had been falling since the 1950s, when Union members constituted as much as a third of the U.S. workforce</li></li></ul><li>Unions in America Today<br />Union Membership Has Continued to Decline<br /><ul><li>The gains in unionization were largely achieved by federal, state and city government workers - and not at private companies
  24. 24. The rates of unionization between the private and public sector are starkly different</li></ul>Union Membership: <br /><ul><li>7.2% of private sector employees - 7.4 million
  25. 25. 37.4% of government employees - 7.9 million
  26. 26. There are 5 times as many employees in the private sector than in the public sector</li></li></ul><li>Unions in America Today<br />Union Membership Has Continued to Decline<br /><ul><li>Manufacturing declined from 12.3% to 11.9%
  27. 27. Construction declined from 16.2% to 15%
  28. 28. But unionization in "Service Industry" - Social Services, Health Care, Hospitality has been rising for the past few years
  29. 29. Among Occupational Groups, Education Training and Library employees had highest rate of 38.1% followed by Protective Services at 35.6%</li></li></ul><li>Unions in America Today <br />Union Membership by State in 2009<br />20.2<br />12.3<br />13.9<br />11.7<br />6.8<br />17.0<br />15.1<br />10.8<br />6.3<br />15.2<br />5.5<br />26.6<br />16.6<br />7.7<br />18.8<br />11.1<br />15.0<br />- 17.9<br />15.7<br />9.2<br />14.2<br />19.3<br />10.6<br />17.5<br />- 11.9<br />6.9<br />7.0<br />13.9<br />17.2<br />4.7<br />6.2<br />9.4<br />- 10.4<br />8.6<br />3.1<br />12.6<br />5.1<br />6.5<br />5.7<br />6.7<br />4.2<br />4.5<br />4.6<br />4.8<br />10.9<br />5.8<br />5.1<br />22.3<br />5.8<br />23.5<br />
  30. 30. Unions in America Today <br />Union Membership by State in 2008 & 2009<br />
  31. 31. Unions in America Today <br />Right to Work Laws<br /><ul><li>The Taft Hartley Act of 1947 outlawed the Closed Shop. Unions could no longer require employees to become members as a condition of employment
  32. 32. It allowed: </li></ul> Union Shops – which require employees to become members of a union after at least 30 days<br /> Agency Shops - which require employees who choose not to become union members to pay the equivalent of dues to the union, as an agency fee<br />
  33. 33. Unions in America Today <br />Right to Work Laws<br /><ul><li>Sec 14(b) of the Taft Hartley Act authorizes individual states to outlaw the "union shop" for employees working in their jurisdictions
  34. 34. Taft Hartley resulted in Right To Work Laws</li></li></ul><li>Unions in America Today <br />Right to Work Laws<br /><ul><li>22 states either have constitutional restrictions, or passed laws prohibiting employers and unions from negotiating "union shop" clauses into their collective bargaining contracts:
  35. 35. Alabama
  36. 36. Arizona (c)
  37. 37. Arkansas (c)
  38. 38. Florida (c)
  39. 39. Georgia
  40. 40. Idaho
  41. 41. Iowa
  42. 42. Kansas
  43. 43. Louisiana
  44. 44. Mississippi (c)
  45. 45. Nebraska
  46. 46. Nevada
  47. 47. North Carolina
  48. 48. North Dakota
  49. 49. Oklahoma (c)
  50. 50. South Carolina
  51. 51. South Dakota
  52. 52. Tennessee
  53. 53. Texas
  54. 54. Utah
  55. 55. Virginia
  56. 56. Wyoming
  57. 57. 28 states and the District of Columbia do not have right to work laws and allow union shops to be negotiated between employers and unions for employees within their jurisdiction</li></li></ul><li>Unions in America Today <br />What about the UAW?<br />UAW Membership has declined from almost 1.6 million members in 1979 to 427,521 members as of 6/30/09 and it is still dropping!<br />
  58. 58. Campaign Themes<br />UAW Plant Closings, Layoffs<br />Wednesday, June 14, 2006<br />UAW pours money into organizing<br />Union will use $110M from strike fund to bolster membership and its day-to-day operations.<br />LAS VEGAS –The United Auto Workers approved a measure Tuesday that will shift up to $110 million from the union's strike fund to support recruiting efforts and help pay for the union's day-to-day business operations.<br />The move addresses two key problems that have hit the UAW hard in recent years: a dramatic decline in membership from auto industry layoffs and weakened finances with the loss of thousands of dues-paying members.<br />- - -<br />GM and Ford Motor Co. are cutting 60,000 jobs as part of sweeping restructuring efforts at their struggling North American units. Delphi is axing another 20,000 factory jobs as part of its Chapter 11 bankruptcy reorganization, while other industries with UAW-represented workers, such as aerospace, are also shedding workers.<br />UPI.com<br />Published: April 1, 2009 at 8:24 AM<br />UAW membership down 7 percent<br />The United Auto Workers union said membership fell 7 percent in 2008, as job losses in the automotive industry cut into its ranks.<br />In an annual financial report, the UAW said its membership fell to 431,037 last year, the Detroit Free Press reported Wednesday.<br />
  59. 59. What is Happening Here?<br />Chattanooga Times Free Press<br />December 10, 2009<br />Companies here should expect an uptick in union activity, citing recent charges aimed at Volkswagen by volunteers for local hire, a group supported by organized labor. <br />July 6, 2010<br />The new president of the United Auto Workers union had some harsh words for automakers recently on his first day in office.<br />UAW head Bob King demanded protests against Toyota manufacturing facilities in the United States. He said Toyotas would be safer and of higher quality if they were built at a recently shut-down unionized plant in California rather than at a non-union plant in Mississippi.<br />He said he would try to unionize the U.S. facilities of Toyota and other "foreign" car companies that have lots of American workers on U.S. soil. (Volkswagen is building such a plant in Chattanooga, with the promise of thousands of jobs.)<br />
  60. 60. What is Happening Here?<br />Chattanooga Times Free Press<br />September 6, 2010<br />Richard Ray, President of AFL-CIO in Georgia, said he is encouraged by three organizing drives at Atlanta's Hartsfield-Jackson Atlanta International Airport and one of Atlanta's biggest employers, Delta Air Lines.<br />The American Federation of Government Employees is organizing security officers of the Transportation Security Administration; the International Association of Machinists is trying to organize Delta baggage handlers, and the Association of Flight Attendants will begin a unionization vote Sept. 29 for the two-thirds of Delta flight attendants not currently represented by a union.<br />
  61. 61. What is Happening Here?<br />The Tennessean <br />August 22, 2010<br />Even as Unions have lost power with the decline in manufacturing, they have found much-needed success in the government sector through influence in government contracts and unionized employee groups, such as teachers and city and state workers.<br />Union workers will play key roles in building the $585 million Music City Center. Subcontractors that employ unions recently won $100 million in contracts on the project.<br />Unions also have been angling for a chance to build a nearby convention center hotel, even offering to help finance its construction with some of their pension funds.<br />
  62. 62. What is Happening Here?<br />The Tennessean <br />August 22, 2010 (cont.)<br />Unions have managed a few success stories, especially in heavily Democratic Nashville, where organized labor still wields business clout and political influence through large government employee unions and more than $100,000 in campaign contributions this election cycle.<br />Marcus Pohlmann, a political scientist at Rhodes College in Memphis, said he thinks unions actually are stronger than they used to be in the South, while they struggle to sustain their strength in the North.<br />
  63. 63. Percentage of Union Membership by State<br />
  64. 64. II. 10 Conditions Leading to Unionization<br />
  65. 65. Ten Conditions Leading to Unionization<br />Employees Want:<br />Fair Wages<br /><ul><li>Fair means competitive with others in similar jobs</li></ul> Fair Treatment <br /><ul><li>Same rules apply to all</li></ul> A Chance to Be Heard <br /><ul><li>An opportunity to make suggestions, complaints or to raise issues.</li></ul>Can these be provided by the employer WITHOUT a third party?<br />
  66. 66. Ten Conditions Leading to Unionization<br />Lack of Ability or Care in Screening Applicants.<br /> Avoid "Warm Body Syndrome"<br /><ul><li>Check references
  67. 67. Pre-Employment drug screen
  68. 68. Detailed Application</li></ul>Avoid Overqualified Applicants<br />
  69. 69. Ten Conditions Leading to Unionization<br />Failure to Remove Misfits, Preferably during Probation or Introductory Period. <br /> Problem employees rarely get better.<br /> Do not lower the standards to meet an employee's performance.<br />
  70. 70. Ten Conditions Leading to Unionization<br />Lack of Courtesy and Respect from Managers and Supervisors.<br /><ul><li>Treat others as you want to be treated
  71. 71. Supervisors must set an example – Not take advantage</li></li></ul><li>Ten Conditions Leading to Unionization<br />Failure to LISTEN to and UNDERSTAND the employee.<br /><ul><li>Active Listening
  72. 72. Avoid Interrupting
  73. 73. Schedule discussion to receive prime attention.</li></ul> Offer a Private Meeting<br />
  74. 74. Ten Conditions Leading to Unionization<br />Failure to Explain Wage and Benefit Terms.<br /><ul><li>Emphasize competitive wages and benefits for the jobs we do.
  75. 75. Point out value of benefits</li></ul>Failure to Truthfully Communicate What Employees Need to Know about the Company and Their Jobs.<br /><ul><li>Don't sugarcoat it.
  76. 76. Explain why an unpleasant decision had to be made.</li></li></ul><li>Ten Conditions Leading to Unionization<br />Poor Housekeeping. <br /><ul><li>Employee facilities do not have to be elegant – but should be clean.</li></li></ul><li>Ten Conditions Leading to Unionization<br />Inconsistent Discipline<br /><ul><li>Inconsistent Enforcement of Rules or Policies
  77. 77. Favoritism
  78. 78. Unions always promise to end favoritism</li></li></ul><li>Ten Conditions Leading to Unionization<br />Failure to Keep Promises <br /><ul><li>Avoid making unrealistic promises</li></ul>Failure to Give Good Employees a Sense of Security <br /><ul><li>Express appreciation for a job well done
  79. 79. Compliment extra effort
  80. 80. Praise excellent performance</li></li></ul><li>III. Six Stages of a Union Organizing Drive<br />
  81. 81. Six Stages of a Union Organizing Drive<br />Union's Initial Secret Campaign<br />Request for Recognition/ Filing of Petition<br />Processing of Petition by NLRB<br />Employer and Union Campaign<br />Election<br />Post-election Objections/Challenges<br />
  82. 82. 1. Union's Initial Secret Campaign<br /><ul><li> Passing out literature or leafletting company parking lot
  83. 83. Hold meeting or rally at Union hall
  84. 84. Selection of in-plant employee organizers to solicit signing of Authorization Cards
  85. 85. Internet or social media communication</li></li></ul><li>1. Union's Initial Secret Campaign<br />
  86. 86. 2. Request for Recognition/Filing of Petition<br /><ul><li> Notice to employer of organizing activity and of employee organizing committee
  87. 87. Offer to "show" Authorization Cards to employer in a formal letter or a visit to facility by union representative</li></ul>DON'T LOOK AT THE CARDS!!<br /><ul><li> File petition with NLRB if request for recognition is rejected or if it is obvious it will be rejected</li></ul>Petition must be supported by 30% of employees in an appropriate bargaining unit to be processed by NLRB<br />
  88. 88. 3. Processing of Petition by NLRB<br /><ul><li> NLRB serves employer with petition
  89. 89. NLRB checks legal sufficiency of petition
  90. 90. Work out or litigate eligibility issues by describing the classifications of employees in the voting unit
  91. 91. Work out or litigate date, time and place for the election</li></li></ul><li>3. Processing of Petition by NLRB<br />Negotiation of a Stipulated Election Agreement<br />DATE: FRIDAY, SEPT 3, 2010 (USUALLY A PAYDAY)<br />TIMES: 7-8 AM, 2-3 PM, 4:30-6 PM (COVER ALL SHIFTS)<br />SITE: An appropriate enclosed area on the employer's premises<br />ELIGIBLE VOTERS: All full-time and regular part-time production and maintenance employees including operators, assemblers, material handlers and inspectors, excluding managerial, confidential, administrative, office clerical, guards and supervisors<br />ELIGIBILITY DATE: SATURDAY, JULY 10, 2010<br />
  92. 92. 4. Campaign by Employer and Union<br /><ul><li> Notices or handouts
  93. 93. Letters to the home
  94. 94. Small group meetings
  95. 95. One-on-one conversations
  96. 96. Large meetings or rallies
  97. 97. 25th hour meetings by the employer at work
  98. 98. Internet/E-mail</li></li></ul><li>5. NLRB Election<br /><ul><li> A list of names and addresses of eligible voters must be submitted to the NLRB by the employer (Excelsior List)
  99. 99. Election is by Secret Ballot; there is one question on the ballot:
  100. 100. The majority of eligible voters that vote decide the Election. But Unions lose TIES!!!</li></li></ul><li>5. NLRB Election<br /><ul><li> Election observers for each party
  101. 101. Portable booth is set up by NLRB
  102. 102. Ballot box is constructed by NLRB at the election site and sealed after each polling period
  103. 103. Votes are counted publicly after last polling period</li></li></ul><li>6. Post-election Challenges and Objections<br /><ul><li> Voters not on the list are automatically challenged by NLRB
  104. 104. Observers can challenge any voter
  105. 105. Challenged ballots, if determinative, could result in a Hearing
  106. 106. Objections can be filed within 7 days after the Election and could result in a Hearing</li></li></ul><li>IV. Campaign Themes<br />
  107. 107. Campaign Themes<br />If a Union wins an NLRB Election, what does the Union win?<br />More money?<br />No<br />More benefits?<br />No<br />More time off?<br />No<br />
  108. 108. Campaign Themes<br />If a Union wins an NLRB Election, what does it win?<br />Winning an NLRB Election only wins a union the right to be the exclusive representative in collective bargaining for the employees of the bargaining unit.<br />
  109. 109. Obligation to Bargain<br />What does the right to bargain mean?<br /><ul><li>It means everything goes to the bargaining table, even the current wages and benefits!
  110. 110. The employer and the union each have the obligation to bargain in good faith but neither side is obligated to agree to a proposal or position it doesn't accept.</li></li></ul><li>Obligation to Bargain<br />Can an employer bargain hard and still bargain in good faith?<br />ABSOLUTELY! Why? <br />Based on business, economic or competitive conditions<br />
  111. 111. Obligation to Bargain<br />Can employees get less than current wages and benefits as a result of bargaining?<br />YES! Why? <br /><ul><li>There are no guarantees in collective bargaining
  112. 112. Wages and benefits could go up, go down or stay the same</li></li></ul><li>Obligation to Bargain<br />What if the union and employer can't reach an agreement?<br /><ul><li>The union is free to strike to enforce its demands
  113. 113. An employer can continue to run its business by:</li></ul>Hiring temporary or permanent replacements to cross the picket line and work;<br />Subcontracting the work to another company;<br />Transferring the work to another of its facilities;<br />Operating with management on a reduced basis;<br />Terminating operations<br />
  114. 114. Campaign Themes<br />What do strikers get?<br /><ul><li>No wages
  115. 115. No benefits
  116. 116. Economic strikers are not eligible for unemployment compensation in Kentucky, Tennessee, Michigan, Illinois, Missouri, or in most states
  117. 117. May get strike benefits from the Union</li></li></ul><li>Obligation to Bargain<br />What are the first 4 things a Union negotiates for?<br />The union's top priorities are:<br /><ul><li>Wages?</li></ul>No<br /><ul><li>Benefits?</li></ul>No<br /><ul><li>Time off?</li></ul>No<br /><ul><li>Layoff protection?</li></ul>No<br />
  118. 118. Obligation to Bargain<br />What are the first 4 things a Union negotiates for?<br />The union's top priorities are:<br /><ul><li>Union Security or Agency Shop Clause if legal
  119. 119. Check off of dues
  120. 120. Super seniority for union stewards
  121. 121. Three year contract</li></li></ul><li>Obligation to Bargain<br />Why does a Union want a three year contract?<br /><ul><li>Business cycle?</li></ul>No<br /><ul><li>Economy?</li></ul>No<br /><ul><li>Automotive industry?</li></ul>No<br />
  122. 122. Obligation to Bargain<br />Why does a Union want a three year contract?<br /><ul><li>Contract Bar Rule
  123. 123. One Year Rule</li></li></ul><li>Campaign Themes<br />What about job security?<br /><ul><li>Produce a quality product or render quality service
  124. 124. Appropriate prices
  125. 125. Ability to deliver goods and services on time</li></ul>How will a Union help a Company <br />do any of those things?<br />
  126. 126. Campaign Themes<br />What will the union cost?<br /><ul><li>Dues: UAW - Two hours pay/month
  127. 127. Initiation fees?
  128. 128. Assessments – Covered in Union constitutions
  129. 129. Fines – UAW and other Unions have gone to court to enforce the right to fine a member</li></li></ul><li>Campaign Themes<br />What happens if the union loses?<br /><ul><li>One Year Rule – another NLRB election can be held one year later in the same unit with this Union or any other Union
  130. 130. Why not give the company a chance, especially now in such difficult business conditions?
  131. 131. Multi facility employers can stress their good relationships with their non-Union employees</li></li></ul><li>V. Tips to Maintain Union-Free Status<br />
  132. 132. Maintaining Union-Free Status<br />Tips to Maintain Union-Free Status<br />Review policies and procedures<br />Analyze site access<br />Analyze employee roster at each site<br />Training programs for supervisors<br />Educate employees about unionization<br />
  133. 133. Maintaining Union-Free Status<br />Review Policies, Procedures, Manuals, Handbooks and Rules of Conduct<br /><ul><li>Only lawful rules and policies can be enforced during an organizing drive or election campaign
  134. 134. Beware of inconsistent enforcement
  135. 135. Materials and practices need to be reviewed by Human Resources Department and possibly by outside Labor Counsel</li></li></ul><li>Maintaining Union-Free Status<br />Analyze Site to Determine whether Picketing, Handbilling or other Union Organizing Activity would be Allowed<br /><ul><li>Assess each point of access to the facility
  136. 136. Enforce rules restricting access to work sites
  137. 137. Site should be reviewed by Human Resources Department and possibly with outside Labor Counsel</li></li></ul><li>Maintaining Union-Free Status<br />Analyze Employee Roster at Each Site to Determine Unit Issues<br /><ul><li>Identify supervisors
  138. 138. Part-time employees
  139. 139. Dual-function employees
  140. 140. Seasonal employees
  141. 141. Laid-off employees</li></li></ul><li>Maintaining Union-Free Status<br />The National Labor Relations Act defines Supervisor as:<br />"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."<br />This is a disjunctive test!<br />
  142. 142. Maintaining Union-Free Status<br />Training Programs for Supervisors<br />On the basis of Union activities, sympathies or beliefs, you cannot:<br />T<br />I<br />P<br />S<br />
  143. 143. Maintaining Union-Free Status<br />Training Programs for Supervisors<br />On the basis of Union activities, sympathies or beliefs, you cannot:<br />Threaten<br />I<br />P<br />S<br />
  144. 144. Maintaining Union-Free Status<br />Training Programs for Supervisors<br />On the basis of Union activities, sympathies or beliefs, you cannot:<br />Threaten<br />Interrogate<br />P<br />S<br />
  145. 145. Maintaining Union-Free Status<br />Training Programs for Supervisors<br />On the basis of Union activities, sympathies or beliefs, you cannot:<br />Threaten<br />Interrogate<br />Promise<br />S<br />
  146. 146. Maintaining Union-Free Status<br />Training Programs for Supervisors<br />On the basis of Union activities, sympathies or beliefs, you cannot:<br />Threaten<br />Interrogate<br />Promise<br />Spy<br />
  147. 147. Maintaining Union-Free Status<br />Training Programs for Supervisors<br />On the basis of Union activities, sympathies or beliefs, you cannot:<br />Threaten<br />Interrogate<br />Promise<br />Spy<br />You also cannotDiscriminate<br />or Change Conditions<br />
  148. 148. Maintaining Union-Free Status<br />When talking to employees, Supervisors should provide:<br />F – Facts about unions<br />O – Opinions about unions<br />E – Experiences with unions<br />This will help employees to realize that unions often make Big Promises, but cannot deliver<br />© 2010 Dickinson Wright PLLC<br />All Rights Reserved<br />
  149. 149. Maintaining Union-Free Status<br />Educate Employees about Unionization<br /><ul><li>Dues
  150. 150. Strikes
  151. 151. Job losses/layoffs in unionized industries
  152. 152. Union constitutions and rules
  153. 153. Union political contributions</li>
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