Presentation given by Peter Bergeron, Vice President of Client Services at Projections, at recent Associated Builders & Contractors convention

1. Successful Union-free Strategies Peter J. Bergeron Vice President, Client Services Winning Results:

11. Employee Free Choice Act “Proposed” Winning Results ABC October 2009 Activity Under Current Law - National Labor Relations Act (NLRA) Under EFCA (as proposed) Union Authorization Cards/Union Petitions If 30% of employees sign, the union can petition the NLRB for an election. If 50% of employees + 1 sign cards/petitions, the union is automatically recognized by the NLRB as the employees' bargaining agent. Union elections are thereby eliminated. Organizing Campaigns Once the petition is filed with the NLRB-employees have up to 42 days to hear facts and make an informed decision prior to the vote. Campaigns are perpetual and never end until the union is able to get a majority of employees to sign. There is potential for enormous costs to companies. Collective Bargaining The company and the union determine timeframe and mutually agree on a contract. 90-day deadline to negotiate a first contract. If no contract, either party can use FMCS to negotiate or mediate a contract.

12. Employee Free Choice Act “Proposed” – Cont’d Winning Results ABC October 2009 Activity Under Current Law - National Labor Relations Act (NLRA) Under EFCA (as proposed) Mediation Optional, either party can request. No agreement in 30 days, the issue goes to an arbitration board. Arbitration Also optional, either party can request - this is very rarely used. Arbitration board (3 arbiters) will determine the terms of the first contract for two years. Decertification A process that can be initiated by employees 12 months following the union's certification. Can't begin until after the 24-month first contract period. Penalties for Violations Varies depending on each situation and violation of the NLRA. $20,000 penalty per violation, can award treble damages for back pay

36. Fed Ex Winning Results ABC October 2009 http://www.fedexfreightworkplace.com/