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The NLRB's Expedited Election Rules: Are you prepared or vulnerable?

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TNS' Mike Schroeder and Veteran Labor Law Attorney took a closer look at The National Labor Relations Board's expedited election rules and what this means for you.

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The NLRB's Expedited Election Rules: Are you prepared or vulnerable?

  1. 1. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 The National Labor Relations Board’s Expedited Election Rules Are You Prepared or Vulnerable? 2556-15
  2. 2. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Chris Johlie Veteran Labor Law Attorney Partner Franczek Radelet P.C. 312.786.6152 caj@franczek.com Presenters Michael Schroeder Veteran Organizational Consultant CEO TNS Employee Insights 847.726.4040 x232 mike.schroeder@tnsglobal.com
  3. 3. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 1. Background 2. Expedited Election Rule Discussion Points 3. Preparing a Rapid Response Plan 4. Developing a Union-Free Strategy Agenda
  4. 4. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 TNS About Us … the world’s largest provider of human behavior research and consulting … deliver actionable insights to help clients engage their employees, retain top talent and grow … more than 13,000 employees world-wide in 80 countries to overcome cultural differences … survey more than 2 million employees from 100+ countries annually providing global benchmark data … deliver data via an integrated reporting and action planning platform
  5. 5. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Illinois Labor & Employment Law Firm of the Year Award Global Legal Experts Illinois Leading Lawyers Best Places To Work Crain’s Chicago Business Go-To Law Firm Among the Top 500 Companies American Lawyer Media Leading Employment and Labor Law– Management Law Firm Best Lawyers in America Super Lawyers & Rising Stars Law & Politics Leading Illinois Employment Law Firm Chambers USA Annual Top 100 Blawgs ABA Journal Recent Firm Recognitions
  6. 6. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 TNS Employee Insights Measuring and Inspiring Higher Performance We lead our clients to higher performance and growth through employee engagement and retention, brand and customer experience. We deliver innovative thinking and insights to organizations across the globe.
  7. 7. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 7 NLRB Election Rules
  8. 8. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Background Review the new election rules Impact of the new rules Planning tips Discussion Points
  9. 9. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Background Context: RC petitions/elections  Filed by unions to determine whether employees want a union  Most common election  NLRB conducts around 1300-1400 RC elections/yr  Union win rate consistently around 60-70%  Median time from petition to election  38 days in “agreed” cases (91% in 2014)  60 days in “contested’ cases (9% in 2014)
  10. 10. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Union Win Percentage by Campaign Days, RC Elections 2004-2014 61% 60% 72% 78% 86% 89% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 43 or more days 36 - 42 days 29 - 35 days 22 - 28 days 15 - 21 days 1 -14 days Source: LRIRightNow.com | ©2015 Labor Relations Institute, Inc. | LRIOnline.com
  11. 11. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Background Was change necessary? Doesn’t matter now… Three NLRB members thought we needed a change, so we’ve got change.
  12. 12. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Background Overhauls the NLRB representation election procedures Effective April 14, 2015  Immediately challenged in federal court  NLRB FAQs - http://www.nlrb.gov/resources/faq/2015- representation-case-procedures
  13. 13. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Election Rules Review Greater use of electronic filing  Petitions  Showing of interest  Notices  Position statements
  14. 14. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Election Rules Review Streamlined pre-election process  Hearing begins 8 days after notice served  Employers must identify issues before hearing Statement of Position  Short timeline  7 days to prepare  File day before hearing  Risk of waiver  Post-hearing briefs discretionary
  15. 15. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Election Rules Review Streamlined pre-election process  Potential to defer voter eligibility issues  Rule eliminates 25 - 30 day post-hearing appeal period  Shift disputes/challenges to post-election proceeding
  16. 16. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Election Rules Review Voter List (f/k/a “Excelsior” List) List of eligible voters  Within 2 business days (down from 7) of RD decision or stipulated election agreement  Must include: name, home address, job classification, shift, work location, “available” personal phone (including cell phone) and personal email address Union has 10 calendar days to review before election, but can waive
  17. 17. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Election Rules Review Bottom line:  Lots of technical changes Result:  Quicker elections
  18. 18. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Impact – Average Days from Petition to Election 39 39 25 22 April 14 - May 14 May 15 - June 15 2014 2015 YEAR FILED DAYS DAYS DAYS DAYS
  19. 19. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Impact – Number of RC Petitions Filed 202 192 394 266 193 459 April 14 - May 14 May 15 - June 15 Total April 14 - June 15 2014 2015 YEAR FILED
  20. 20. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Impact – Election Results 69% 31% April 14 – May 14, 2015 68% 32% April 14 – May 14, 2014 64% 36% Fiscal Year 2014 Union Won No Union
  21. 21. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Planning Challenges  Identifying issues before hearing  Voter eligibility issues may not be resolved  Who is a supervisor?  What does the voting unit look like?  How do you campaign?  Voter list – more information in less time
  22. 22. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Are you talking to your employees right now about unions? Can you? Of course you can Should you? That depends… #1 Challenge: Less time to communicate Planning
  23. 23. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Planning Response plan Do you know what to do if…  You see the first sign of organizing?  A petition is filed?  Do you have a communications plan?  Do you know who your supervisors are?  Have you trained your management team?
  24. 24. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Planning Building the Plan  Develop message and communication modes  Identify rapid response team (internal and external)  Assign responsibilities to team members in the event of card signing or receipt of a petition  Develop protocols for vulnerability/risk assessment  Train for “go live”
  25. 25. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Planning Plan Components  Notice protocols  Compile information  Recent history of relevant events  Information about union  Unit analysis, including supervisory issues  Update management on legal guidelines, do’s/don’ts, policies, talking points
  26. 26. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Planning Plan Components  Comprehensive assessment of union support  Communication with NLRB  Communication (timing, form, content)  Employees  Customers and vendors  Media  Operations requirements/plans  Campaign calendar  Response to hand-billing or picketing
  27. 27. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Planning Prevention is the best plan… At that critical moment when your employee is confronted by a union representative or supporter and given a union card, your employee is educated, committed, invested and loyal enough to firmly choose the company instead of the union, and just says no.
  28. 28. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 TNS Vulnerability Summary
  29. 29. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Issues Often Found To Be Predictive  Management mistrust; lack of respect  Lack of voice; concerns can’t be raised or heard  Lack of fairness/consistency  Recognition  Opportunity for growth and development  Wage and benefits  Job security  Safety and work conditions
  30. 30. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 TNS Action Planning Prioritization Model Based on Motivation & Commitment Research Advanced  Alignment  Acceptance  Confidence in Senior Leadership  Mission, Goals & Values A Intermediate  Teamwork  Cooperation  Career Development  Communication s  Capabilities  Compensation & Benefits I Basic  The Job  Environment  Competent Supervisor  Feedback/ Coaching  Recognition B
  31. 31. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Set target goals for leaders, managers, and supervisors to achieve on current and future employee surveys TIP: Set Target Goals
  32. 32. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Action Planning and Tracking to Ensure Accountability
  33. 33. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 NLRB Next Steps…  Assess your organization for vulnerability via employee survey  The cost is $5:  Per employee for survey and all reporting  Includes large and small groups (5 people or more)  Integrate survey data with leader skills and union activities in each area  Share data with department and facility leaders for post survey action planning  Provide all leaders with pyramid suggestion for action planning focus  Provide extra support for “red zone” leaders  Repeat process for trends and leadership development
  34. 34. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 It’s easy for unions to gain employee information and access to employees TIP: Protect Your Confidential Information
  35. 35. The National Labor Relations Board’s Expedited Election Rules © TNS 2015  Tell employees why it’s an advantage to be union-free  Be prepared to answer the question “Do we need a union?” TIP: Create and Communicate a Union-Free Policy
  36. 36. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 TIP: Ensure that you are in compliance with all state and federal laws  I-9 Forms  Wages  Safety  Workers’ Compensation  Equal Employment, including Harassment and Retaliation
  37. 37. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Fundamental Objective “At that critical moment when the employee is confronted by a union representative or supporter, and given a union card or an NLRB election ballot, each individual employee will be committed, invested and loyal enough to firmly choose the employer instead of the union, and just say no.” TIP: Create the Right Environment
  38. 38. The National Labor Relations Board’s Expedited Election Rules © TNS 2015  Get and keep good people  Establish competitive compensation and benefits  Maximize job security  Total communications planning and employee recognition  Integrate all languages/cultures/lifestyles  Maintain a healthy and safe working environment  Build personal relationships of credibility, trust and mutual respect TIP: Create the Right Environment
  39. 39. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 How Engaged are Your Employees? If an average company were a 10-person bicycle, statistically speaking: • 2 employees are peddling with all their hearts • 4 are peddling most of the time • 2 are just along for the ride, pretending to pedal • 2 are slamming on the brakes According to TNS global research about 60% of employees are engaged in their work.
  40. 40. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 What is Employee Engagement? Definitions differ, but most believe it is: • Pride in the company • Belief in the company mission/values/direction • Trust in leadership and manger • Desire to work hard and give extra to their job • Willingness to recommend the company to others
  41. 41. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Observing Disengagement They are more likely to:  Take more time off  Waste time on the job  Steal  Negatively influence co- workers  Drive customers away  Vote for a Union Actively disengaged employees cost the US economy ½ a trillion dollars per year or more
  42. 42. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Employee Engagement Tips Booklet At last, a truly great employee engagement tips booklet you can use! Written by our professional staff, we provide tried and true methods on how to engage employees.
  43. 43. The National Labor Relations Board’s Expedited Election Rules © TNS 2015 Presenters Chris Johlie Veteran Labor Law Attorney Partner Franczek Radelet P.C. 312.786.6152 caj@franczek.com Michael Schroeder Veteran Organizational Consultant CEO TNS Employee Insights 847.726.4040 x232 mike.schroeder@tnsglobal.com

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