This document provides information from a presentation on unions and strategies for employers to remain union-free. It discusses how unions organize workplaces and target certain industries. The presentation outlines signs that union activity may be occurring, reasons why employees consider unionizing, the union election process, and tactics unions use to pressure workers. It advises employers on legally expressing anti-union views to employees and developing an anti-union strategy.
This presentation will summarize current organizing rules, the changes that will occur if EFCA is passed, and steps that employers should consider now in light of the proposed legislation.
This presentation will summarize current organizing rules, the changes that will occur if EFCA is passed, and steps that employers should consider now in light of the proposed legislation.
The Essentials of HR and Labor Law. October 15, 2014. Asian Institute of Mana...PoL Sangalang
The Essentials of HR and Labor Law. October 15, 2014. Asian Institute of Management, Makati City, Philippines. Prepared and delivered by Atty. Apollo X.C.S. Sangalang.
Updates on Labor Law and Jurisprudence (Philippines) February 15, 2013PoL Sangalang
"Updates on Labor Law and Jurisprudence (Philippines)". These are the presentation slides used by Atty. Apollo X.C.S. Sangalang in his lecture delivered on February 15, 2013 at the AIM Conference Center, Makati City, Philippines at the event sponsored by Ariva! Events Management, Inc. and the Rotary Club of Makati McKinley, RI District 3830.
An employment law seminar presented by the attorneys at Palmer Kazanjian Wohl Hodson LLP in Sacramento, California. Date - May 29, 2014. Location - Cafeteria 15 L, 1116 15th Street, Sacramento, CA 95814.
Palmer Kazanjian’s attorneys advise and counsel management regarding all aspects of employment law. Our advisory practice includes assisting clients with compliance with all applicable employment laws and representation in matters involving a wide range of issues.
Palmer Kazanjian attorneys have extensive experience representing employers before state and federal courts, both trial and appellate. However, we also represent clients before government boards and commissions such as state and federal OSHA, the Equal Employment Opportunity Commission (“EEOC”), the California Fair Employment and Housing Commission (“FEHC”) and the California Department of Labor Standards Enforcement (“DLSE”) and the California Workers’ Compensation Appeals Board.
Our attorneys also provide a full range of dispute resolution and litigation services, including advice and counseling on how to avoid legal disputes. We recognize that favorable results are not enough if they are obtained in an uneconomical manner. The considerable experience of our litigators allows us to efficiently identify issues and generate responsive strategies. Palmer Kazanjian attorneys have handled matters in state and federal courts at the trial and appellate levels. We also appear before administrative agencies and private arbitration and mediation.
The Sexual Harassment Act, 2013, which was passed to replace the Vishaka guidelines, imposes serious obligations on employers. Every organization where more than 10 people work is required to create sexual harassment policies, constitute complaints committees and perform numerous other compliances. Non-compliance can result in a fine of INR 50,000 or even shutting down of the business.
The End Sexual Harassment toolbox is a makes compliance extremely simple for employers and HR, and enables effective sensitization of the employees. HR can create customized policies, set up internal complaints committees and undertake capacity-building of the committee members with the help of the toolbox, and empower employees with a sensitization toolkit. Learning and progress can be monitored through a testing and certification system. It has been prepared after extensive discussions and help of several women's rights and business lawyers in India.
What to Do When a Union Tries to Organize Your Company and You Land in OzQuarles & Brady
Having a union in your workplace can reduce your flexibility and adds a layer of complexity in dealing with employees. This program will discuss the various phases of an organizing campaign by a union. Topics discussed will include what to do to avoid union organizing, what to do when a petition has been filed, how to handle an election campaign, what to do if the employees vote to reject the union, and your obligations if a union is certified to represent your employees.
41920161Competencies1.Describe the reasons employe.docxpriestmanmable
4/19/2016
1
Competencies
1.Describe the reasons employees join unions, and analyze the
statistics and trends of union membership.
2.Explain the goals and content of major U.S. legislation affecting
labor relations.
3.Define craft and industrial unions, and outline the sequence of
events in organizing and certifying or decertifying a union.
4.Describe how unions are adapting and changing as they look
to the future.
Managing Hospitality Human Resources
Chapter 10: Labor Unions
SOLIDARITY!
Unionization in the Hospitality Industry
• Unions
– Organizations comprised of employees who act together to promote and protect their mutual interests through collective bargaining.
• Labor contract (CBA)
– A written agreement covering a specific time that spells out management’s expectations for employees, and limits to management’s authority
Reasons Employee Join Unions
• They believe unions will help them accomplish
goals such as economic security
• They are dissatisfied with current job conditions,
e.g., layoffs
• They are dissatisfied with management, i.e., not
pay
• Employees often believe that union
representation will increase their control over the
workplace and protect them from unfair and
abusive managers
Statistics and Trends
• Union membership peaked in 1945
– With 35.8 percent of the non-agricultural work force in the
U.S. belonging to unions
• % of the work force belonging to unions has steadily
declined since 1945
– by 2009 it was 12.3 percent.
Why???
• Recent growth in membership
– public employees and teachers
Statistics and Trends (continued)
• Today, over 1/2 of unionized workers in the US (7.9
million) work for local, state, or federal government
• Union certification and decertification elections in
the hospitality indicate current decline in
membership will continue.
• Hotel Unionization most common in 12 states
– California, Pennsylvania, New York, Nevada, Washington,
Illinois, Ohio, Hawaii, New Jersey, Florida, Michigan, and
Massachusetts
• Restaurant Unionization most common in 8 states
– California, Pennsylvania, New York, Washington, Illinois,
Ohio, Michigan, and Oregon.
4/19/2016
2
Legislation Affecting Labor Relations
• The Wagner Act
• The Taft-Hartley Act
• The Landrum-Griffin Act
• The Civil Service Reform Act
• Worker Adjustment and Retraining
Notification Act (WARN)
The Wagner Act
• Gave employees the legally protected rights to
organize, strike, and engage in collective bargaining
through an elected representative.
• Created National Labor Relations Board (NLRB)
which prohibits employers from:
1. Interfering with or coercing employees to discourage
them from forming or joining unions
2. Attempting to dominate or influence the operation of
unions
3. Discriminating based on union membership or activity
4. Retaliating against employees who file unfair labor
practice charges with the NLRB
5. Failing to bargain in good faith
The Taft-Hartley Act
• In 1947, th.
The Essentials of HR and Labor Law. October 15, 2014. Asian Institute of Mana...PoL Sangalang
The Essentials of HR and Labor Law. October 15, 2014. Asian Institute of Management, Makati City, Philippines. Prepared and delivered by Atty. Apollo X.C.S. Sangalang.
Updates on Labor Law and Jurisprudence (Philippines) February 15, 2013PoL Sangalang
"Updates on Labor Law and Jurisprudence (Philippines)". These are the presentation slides used by Atty. Apollo X.C.S. Sangalang in his lecture delivered on February 15, 2013 at the AIM Conference Center, Makati City, Philippines at the event sponsored by Ariva! Events Management, Inc. and the Rotary Club of Makati McKinley, RI District 3830.
An employment law seminar presented by the attorneys at Palmer Kazanjian Wohl Hodson LLP in Sacramento, California. Date - May 29, 2014. Location - Cafeteria 15 L, 1116 15th Street, Sacramento, CA 95814.
Palmer Kazanjian’s attorneys advise and counsel management regarding all aspects of employment law. Our advisory practice includes assisting clients with compliance with all applicable employment laws and representation in matters involving a wide range of issues.
Palmer Kazanjian attorneys have extensive experience representing employers before state and federal courts, both trial and appellate. However, we also represent clients before government boards and commissions such as state and federal OSHA, the Equal Employment Opportunity Commission (“EEOC”), the California Fair Employment and Housing Commission (“FEHC”) and the California Department of Labor Standards Enforcement (“DLSE”) and the California Workers’ Compensation Appeals Board.
Our attorneys also provide a full range of dispute resolution and litigation services, including advice and counseling on how to avoid legal disputes. We recognize that favorable results are not enough if they are obtained in an uneconomical manner. The considerable experience of our litigators allows us to efficiently identify issues and generate responsive strategies. Palmer Kazanjian attorneys have handled matters in state and federal courts at the trial and appellate levels. We also appear before administrative agencies and private arbitration and mediation.
The Sexual Harassment Act, 2013, which was passed to replace the Vishaka guidelines, imposes serious obligations on employers. Every organization where more than 10 people work is required to create sexual harassment policies, constitute complaints committees and perform numerous other compliances. Non-compliance can result in a fine of INR 50,000 or even shutting down of the business.
The End Sexual Harassment toolbox is a makes compliance extremely simple for employers and HR, and enables effective sensitization of the employees. HR can create customized policies, set up internal complaints committees and undertake capacity-building of the committee members with the help of the toolbox, and empower employees with a sensitization toolkit. Learning and progress can be monitored through a testing and certification system. It has been prepared after extensive discussions and help of several women's rights and business lawyers in India.
What to Do When a Union Tries to Organize Your Company and You Land in OzQuarles & Brady
Having a union in your workplace can reduce your flexibility and adds a layer of complexity in dealing with employees. This program will discuss the various phases of an organizing campaign by a union. Topics discussed will include what to do to avoid union organizing, what to do when a petition has been filed, how to handle an election campaign, what to do if the employees vote to reject the union, and your obligations if a union is certified to represent your employees.
41920161Competencies1.Describe the reasons employe.docxpriestmanmable
4/19/2016
1
Competencies
1.Describe the reasons employees join unions, and analyze the
statistics and trends of union membership.
2.Explain the goals and content of major U.S. legislation affecting
labor relations.
3.Define craft and industrial unions, and outline the sequence of
events in organizing and certifying or decertifying a union.
4.Describe how unions are adapting and changing as they look
to the future.
Managing Hospitality Human Resources
Chapter 10: Labor Unions
SOLIDARITY!
Unionization in the Hospitality Industry
• Unions
– Organizations comprised of employees who act together to promote and protect their mutual interests through collective bargaining.
• Labor contract (CBA)
– A written agreement covering a specific time that spells out management’s expectations for employees, and limits to management’s authority
Reasons Employee Join Unions
• They believe unions will help them accomplish
goals such as economic security
• They are dissatisfied with current job conditions,
e.g., layoffs
• They are dissatisfied with management, i.e., not
pay
• Employees often believe that union
representation will increase their control over the
workplace and protect them from unfair and
abusive managers
Statistics and Trends
• Union membership peaked in 1945
– With 35.8 percent of the non-agricultural work force in the
U.S. belonging to unions
• % of the work force belonging to unions has steadily
declined since 1945
– by 2009 it was 12.3 percent.
Why???
• Recent growth in membership
– public employees and teachers
Statistics and Trends (continued)
• Today, over 1/2 of unionized workers in the US (7.9
million) work for local, state, or federal government
• Union certification and decertification elections in
the hospitality indicate current decline in
membership will continue.
• Hotel Unionization most common in 12 states
– California, Pennsylvania, New York, Nevada, Washington,
Illinois, Ohio, Hawaii, New Jersey, Florida, Michigan, and
Massachusetts
• Restaurant Unionization most common in 8 states
– California, Pennsylvania, New York, Washington, Illinois,
Ohio, Michigan, and Oregon.
4/19/2016
2
Legislation Affecting Labor Relations
• The Wagner Act
• The Taft-Hartley Act
• The Landrum-Griffin Act
• The Civil Service Reform Act
• Worker Adjustment and Retraining
Notification Act (WARN)
The Wagner Act
• Gave employees the legally protected rights to
organize, strike, and engage in collective bargaining
through an elected representative.
• Created National Labor Relations Board (NLRB)
which prohibits employers from:
1. Interfering with or coercing employees to discourage
them from forming or joining unions
2. Attempting to dominate or influence the operation of
unions
3. Discriminating based on union membership or activity
4. Retaliating against employees who file unfair labor
practice charges with the NLRB
5. Failing to bargain in good faith
The Taft-Hartley Act
• In 1947, th.
Rational, Political and Caring Organization (Business Ethics)Carlyn Villareal
Rational organization
- 4 pics more than 1 word (Ethical issues on employee’s obligation to the employer)
Political organization
- Checks and balances
- Guess the word game (Employee Rights)
Caring organization
-Ethical issues
Employee relations’ refers to the collective relationships that an employer has with its employees. These relationships may be with the entire employee group, or with smaller groups within it, but they are always with groups of employees.
Employee relations is about the relationship between employees and employer that is conducted through communication with trade unions, staff associations
or representatives of employees, or directly with groups of employees.
The relationship an individual has with the employer, for example by agreeing, as an individual, to attend work and to be bound by disciplinary rules, is not employee relations’.
Our approach
We believe in a dynamic approach. Employee relations needs managing. We are neither pro- nor anti-union. However, if a trade union is an obstacle to a client’s objectives, we reckon it is better to make plans to overcome this than to accept the status quo. So we may recommend that the company set up other channels of communication; or reduce the influence of the union; or
enhance one union at the expense of another. If no union is recognised, we also draw up plans that promote the client’s objectives. This may mean winning the support of the workforce through initiatives to promote a helpful
dialogue, for example.
There are statutory requirements for collective action, such as to consult about redundancy, or to provide information. We ‘manage’ these activities, to retain control of the agenda, information and timescales, rather than passively apply the legislation.
We reckon that efforts to talk to employees and tell them about the business are likely to help, rather than hinder, productivity.
With all of the regulations and forms, FMLA can be very confusing to understand and comply with. The overlapping State and Federal laws, eligibility qualifications, and process requirements make FMLA into a complicated regulation, but with the right information it doesn’t have to be a headache. Join KPA’s Human Resource Advocate, Kim Kavanagh, as she helps to take the mystery out of FMLA. Kim will delve into:
• Employer responsibilities
• Employee eligibility
• What documents are required and when
• Overlapping State and Federal Laws
• The intricacies of FMLA
Increase Your Profits through an Effective Safety CultureKPADealerWebinars
Description: In order to be profitable, an auto dealership needs to implement effective safety procedures. But what does this mean exactly? You may think you have an effective safety culture, but chances are, you don’t. Join KPA’s Regina Metzker as she dissects dealership safety culture, highlighting what steps your dealership needs to take to maintain a positive safety culture. She will discuss:
How to keep safety top-of-mind.
Making safety a responsibility for all employees.
Creating a line of communication about safety issues.
Implementing an effective safety program.
How to maintain organize and consistent safety practices.
We all take risks daily, whether it’s by exceeding the speed limit or gambling at a casino. Some of those risks may trickle into your facility, through personal decision or through employee choices. Have you recently taken a look at your facility and your technicians? Are they gambling with their personal safety? Are they wearing their safety glasses? Are they lifting too much? What are the risks and whose money are they risking? Join Certified Safety Professional Zach Pucillo and tip the scales in favor of your facility by learning how to decrease the risks an employee takes on a daily basis and how to protect your facility. Zach will discuss loss control and how it can affect your bottom line as well as how you can decrease risks protect your facility, employees, and yourself in the future.
Even with the best training, accidents sometimes still occur. Do you know how to handle an investigation when the unthinkable happens? With complex systems, mistakes are made, but your process can be simplified. Join Amanda Rawls, KPA District Manager, as she dissects accidents from beginning to end, highlighting the investigation, analysis, and the final decision making process, to learn how you can manage accident investigation and prevent accidents in the future.
Are you Really Compliant? Learn the Top Dealership Compliance MythsKPADealerWebinars
How often are you told something that seems too good to be true? Whether in your personal or professional life, there are always those things that you hear that don’t seem right. One person says it, another person tells someone else and then everybody starts to believe the “myth.” In today’s overly sensitive regulatory landscape it happens quite often. Whether or not the myth started innocently or with malicious intent doesn’t really matter. One thing is for certain, it makes your life much harder as you try to do the right thing and comply with OSHA, EPA or DOT standards. In this webinar we will take a look at the most commonly heard myths that find their way into dealerships. With topics ranging from OSHA compliance through waste disposal and to loss control, we will make sure that you leave this webinar with the truth.
$300,000, $600,000, $1.2 million – These are recent actual settlements. Are you prepared to defend your dealership from an employment lawsuit?
With increased enforcement and record settlements, most dealerships are not prepared and under budgeted in the event of an employment lawsuit. Join Jim Hendricks as he discusses the importance of HR compliance, litigation budgeting and EPL Insurance for dealerships. Learn about recent lawsuits involving dealerships and how those lawsuits could have been prevented with an HR compliance and management program and the critical steps you must take if you are involved in a lawsuit.
Accpac to QuickBooks Conversion Navigating the Transition with Online Account...PaulBryant58
This article provides a comprehensive guide on how to
effectively manage the convert Accpac to QuickBooks , with a particular focus on utilizing online accounting services to streamline the process.
Explore our most comprehensive guide on lookback analysis at SafePaaS, covering access governance and how it can transform modern ERP audits. Browse now!
Cracking the Workplace Discipline Code Main.pptxWorkforce Group
Cultivating and maintaining discipline within teams is a critical differentiator for successful organisations.
Forward-thinking leaders and business managers understand the impact that discipline has on organisational success. A disciplined workforce operates with clarity, focus, and a shared understanding of expectations, ultimately driving better results, optimising productivity, and facilitating seamless collaboration.
Although discipline is not a one-size-fits-all approach, it can help create a work environment that encourages personal growth and accountability rather than solely relying on punitive measures.
In this deck, you will learn the significance of workplace discipline for organisational success. You’ll also learn
• Four (4) workplace discipline methods you should consider
• The best and most practical approach to implementing workplace discipline.
• Three (3) key tips to maintain a disciplined workplace.
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
"𝑩𝑬𝑮𝑼𝑵 𝑾𝑰𝑻𝑯 𝑻𝑱 𝑰𝑺 𝑯𝑨𝑳𝑭 𝑫𝑶𝑵𝑬"
𝐓𝐉 𝐂𝐨𝐦𝐬 (𝐓𝐉 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬) is a professional event agency that includes experts in the event-organizing market in Vietnam, Korea, and ASEAN countries. We provide unlimited types of events from Music concerts, Fan meetings, and Culture festivals to Corporate events, Internal company events, Golf tournaments, MICE events, and Exhibitions.
𝐓𝐉 𝐂𝐨𝐦𝐬 provides unlimited package services including such as Event organizing, Event planning, Event production, Manpower, PR marketing, Design 2D/3D, VIP protocols, Interpreter agency, etc.
Sports events - Golf competitions/billiards competitions/company sports events: dynamic and challenging
⭐ 𝐅𝐞𝐚𝐭𝐮𝐫𝐞𝐝 𝐩𝐫𝐨𝐣𝐞𝐜𝐭𝐬:
➢ 2024 BAEKHYUN [Lonsdaleite] IN HO CHI MINH
➢ SUPER JUNIOR-L.S.S. THE SHOW : Th3ee Guys in HO CHI MINH
➢FreenBecky 1st Fan Meeting in Vietnam
➢CHILDREN ART EXHIBITION 2024: BEYOND BARRIERS
➢ WOW K-Music Festival 2023
➢ Winner [CROSS] Tour in HCM
➢ Super Show 9 in HCM with Super Junior
➢ HCMC - Gyeongsangbuk-do Culture and Tourism Festival
➢ Korean Vietnam Partnership - Fair with LG
➢ Korean President visits Samsung Electronics R&D Center
➢ Vietnam Food Expo with Lotte Wellfood
"𝐄𝐯𝐞𝐫𝐲 𝐞𝐯𝐞𝐧𝐭 𝐢𝐬 𝐚 𝐬𝐭𝐨𝐫𝐲, 𝐚 𝐬𝐩𝐞𝐜𝐢𝐚𝐥 𝐣𝐨𝐮𝐫𝐧𝐞𝐲. 𝐖𝐞 𝐚𝐥𝐰𝐚𝐲𝐬 𝐛𝐞𝐥𝐢𝐞𝐯𝐞 𝐭𝐡𝐚𝐭 𝐬𝐡𝐨𝐫𝐭𝐥𝐲 𝐲𝐨𝐮 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐚 𝐩𝐚𝐫𝐭 𝐨𝐟 𝐨𝐮𝐫 𝐬𝐭𝐨𝐫𝐢𝐞𝐬."
As a business owner in Delaware, staying on top of your tax obligations is paramount, especially with the annual deadline for Delaware Franchise Tax looming on March 1. One such obligation is the annual Delaware Franchise Tax, which serves as a crucial requirement for maintaining your company’s legal standing within the state. While the prospect of handling tax matters may seem daunting, rest assured that the process can be straightforward with the right guidance. In this comprehensive guide, we’ll walk you through the steps of filing your Delaware Franchise Tax and provide insights to help you navigate the process effectively.
What is the TDS Return Filing Due Date for FY 2024-25.pdfseoforlegalpillers
It is crucial for the taxpayers to understand about the TDS Return Filing Due Date, so that they can fulfill your TDS obligations efficiently. Taxpayers can avoid penalties by sticking to the deadlines and by accurate filing of TDS. Timely filing of TDS will make sure about the availability of tax credits. You can also seek the professional guidance of experts like Legal Pillers for timely filing of the TDS Return.
The world of search engine optimization (SEO) is buzzing with discussions after Google confirmed that around 2,500 leaked internal documents related to its Search feature are indeed authentic. The revelation has sparked significant concerns within the SEO community. The leaked documents were initially reported by SEO experts Rand Fishkin and Mike King, igniting widespread analysis and discourse. For More Info:- https://news.arihantwebtech.com/search-disrupted-googles-leaked-documents-rock-the-seo-world/
Discover the innovative and creative projects that highlight my journey throu...dylandmeas
Discover the innovative and creative projects that highlight my journey through Full Sail University. Below, you’ll find a collection of my work showcasing my skills and expertise in digital marketing, event planning, and media production.
Improving profitability for small businessBen Wann
In this comprehensive presentation, we will explore strategies and practical tips for enhancing profitability in small businesses. Tailored to meet the unique challenges faced by small enterprises, this session covers various aspects that directly impact the bottom line. Attendees will learn how to optimize operational efficiency, manage expenses, and increase revenue through innovative marketing and customer engagement techniques.
Business Valuation Principles for EntrepreneursBen Wann
This insightful presentation is designed to equip entrepreneurs with the essential knowledge and tools needed to accurately value their businesses. Understanding business valuation is crucial for making informed decisions, whether you're seeking investment, planning to sell, or simply want to gauge your company's worth.
What are the main advantages of using HR recruiter services.pdfHumanResourceDimensi1
HR recruiter services offer top talents to companies according to their specific needs. They handle all recruitment tasks from job posting to onboarding and help companies concentrate on their business growth. With their expertise and years of experience, they streamline the hiring process and save time and resources for the company.
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Memorandum Of Association Constitution of Company.pptseri bangash
www.seribangash.com
A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
www.seribangash.com
Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
https://seribangash.com/promotors-is-person-conceived-formation-company/
Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
Memorandum Of Association Constitution of Company.ppt
DO MY EMPLOYEE’S REALLY WANT A UNION? WHY?
1. – KPA CONFIDENTIAL –
DO MY EMPLOYEE’S REALLY WANT ADO MY EMPLOYEE’S REALLY WANT A
UNION?UNION?
WHY?WHY?
Thank you for joining us. We will begin at 10am MT.Thank you for joining us. We will begin at 10am MT.
2. – KPA CONFIDENTIAL –
Thank you for joining us. We will begin at 10am MT.Thank you for joining us. We will begin at 10am MT.
DO MY EMPLOYEE’S REALLY WANT ADO MY EMPLOYEE’S REALLY WANT A
UNION?UNION?
WHY?WHY?
3. Presenter
John P. Boggs, Esq.
Fine, Boggs & Perkins LLP
(650) 712-8908
jboggs@employerlawyers.com
4. Questions
• If you have questions
during the presentation,
please submit them using
the “Questions” feature
• Questions will be
answered at the end of the
webinar
5. Labor Unions and Retail AutomotiveLabor Unions and Retail Automotive
5
MASSIVE INCREASE IN UNION
ORGANIZING EFFORTS IN
CALIFONRIA
6. Common Restrictions on
Unionized Workplaces
• Scheduling and
Overtime
• Promulgation of Rules,
Policies
• Disciplinary Problems
• Resistance to ANY
Change
• Subcontracting or
Outsourcing
• Closing or
Relocation
• Supervisors and
Manual Work
• Hiring and
Promotion
• Reductions in Force
7. Labor Unions and Retail AutomotiveLabor Unions and Retail Automotive
7
This could happen to you!
8. What is a union?
• A union is a business that thrives on associate
discontent
• It is not a charity
• Unions can make promises that it cannot deliver
• Unions exist in every state and are targeting new
businesses
8
Labor Unions and Retail AutomotiveLabor Unions and Retail Automotive
10. The Rise and Fall of Unions in AmericaThe Rise and Fall of Unions in America
10
11. The National Labor Relations Board is an
independent federal agency created by Congress in
1935 to administer the National Labor Relations Act,
the primary law governing relations between unions
and employers in the private sector. The statute
guarantees the right of employees to organize and to
bargain collectively with their employers, and to
engage in other protected concerted activity with or
without a union, or to refrain from all such activity.
11
The National Labor Relations BoardThe National Labor Relations Board
12. Sec. 7. [Sec. 157.] Employees shall have the right to self-
organization, to form, join, or assist labor organizations, to
bargain collectively through representatives of their own
choosing, and to engage in other concerted activities for the
purpose of collective bargaining or other mutual aid or
protection, and shall also have the right to refrain from any or all
such activities except to the extent that such right may be
affected by an agreement requiring membership in a labor
organization as a condition of employment as authorized in
section 8(a)(3) [section 158(a)(3) of this title].
Your Employees Right to OrganizeYour Employees Right to Organize
12
13. HOW UNION ORGANIZATION BEGINSHOW UNION ORGANIZATION BEGINS
• Initial Contact with Union
• Disgruntled employees
• Affirmative Union
actions
• Casual Contact with
Union
• Early Stages of Campaign
• Establish objectives
• Establish organizing
committee
• Amass employee
information
• Showing of Interest
• “Above Ground”
Campaign
• Peer pressure campaign
• On-premises solicitation
• Mass communication
(handouts, mailings, video
presentations)
• Union meetings
14. Signs Of Union ActivitySigns Of Union Activity
• Employees unusually
busy and excited
• Employees stop
talking when
approached
• Unusual employee
questions about
company policies or
practices
• Argumentative
questions or
complaints in
employee meetings
• New spokesperson
among employees
• Certain employees
receiving unusual
amounts of attention
• The same employees
seen going to the
washroom or break
area with several
different workers
during the day
15. • Evidence that terminated
employees are hanging
around current
employees
• Flash rumors (an
increase in the number
or frequency of the type
of rumor which is
designed to excite or
scare employees)
• Employees trying to
irritate supervisors
prompting disciplinary
action
• Abnormal
absenteeism or
upsurge in
attendance
• Excessive loyalty
professed by young
and/or newly hired
employees
• Unexplained
decreases or
increases in
productivity
Signs Of Union ActivitySigns Of Union Activity
16. • Presence of strangers
• Poor workers begin to
do good work
• Good workers begin to
do poor work
• Items on the Company
bulletin board, etc.,
concerning union
settlements or wage
increases in other
companies
• Attempts to obtain the
names and addresses
of employees
• Awkward attempts by
loyal employees to
communicate with
their supervisors
Signs Of Union ActivitySigns Of Union Activity
17. Why Associates Choose to UnionizeWhy Associates Choose to Unionize
• Poor communications
• Wages and benefits
• Healthcare and retirement plans
• Safety and working conditions
• Workload and stress
• Dispute resolution procedures
• Job security and “at will”
employment
• Network of friends and supporters
• Employee morale
• Leadership credibility
• Supervisors and employee
treatment
• Input and shared decision-making
• Lack of employee recognition and
appreciation
17
18. What is a ‘Bargaining Unit’?What is a ‘Bargaining Unit’?
• A bargaining unit is a group of employees with a clear and identifiable
community of interests who are (under U.S. law) represented by a single
labor union in collective bargaining and other dealings with management.
• Examples would be “Automotive Technicians“, “Vehicle Salespeople“,
“Finance & Insurance Managers“, “Clerical and administrative employees“,
“Parts Counter”, “Vehicle Detailers”, etc.
• Bargaining units must consist of at least 3 employees, and must have the
support of a majority of employees in the bargaining unit. However, the
bargaining unit could be a small portion of a large company, where no
other employees are members of a union.
• Bargaining units may also be created among multiple work sites or
dealerships
18
19. a) Union evaluates site to determine likelihood of
successful campaign
b) Union organizer contacts voting group (i.e.:
technicians)
c) Card signing process takes place (need 30% + 1)
d) Petition files with National Labor Relations Board for
election
e) Election occurs within 42 days
f) If 50% +1 vote for unionization, union wins
19
How Unions OrganizeHow Unions Organize
20. How Unions Organize
1-3 weeks 3-4 weeks 42 days after Petition
Approved by NLRB
20
How Unions OrganizeHow Unions Organize
23. 12 Point Plan for Staying Union Free12 Point Plan for Staying Union Free
1. Create & issue a union-free philosophy statement
2. Conduct a vulnerability assessment
3. Conduct a bargaining unit (departmental) analysis
4. Identify & train your supervisors
5. Lock down your facility
--Non-solicitation, Non-distribution Policies
6. Educate all employees
23
24. 12 Point Plan for Staying Union Free12 Point Plan for Staying Union Free
7. Learn to better identify “Salts” and Union Plants
8. Perfect communications “up’, down’ and
‘sideways’
9. Maximize employee involvement programs
10. Focus on the main drivers of employee
satisfaction
11. Establish an Early Response Team
12. Contact Human Resources and educate
management on signs of union activity
24
25. Section 8(c) of the National Labor Relations Act
Says:
“The expressing of any views, argument, facts or opinion,
or the dissemination thereof, whether in written, oral,
electronic, printed, graphic, or visual form, shall not
constitute or be evidence of an unfair labor practice
under any of the provisions of this Act...”
What YouWhat You CanCan Do & Say:Do & Say:
You may express:
Facts
Opinions
25
26. • “If you join a union, you cannot deal directly with our company over
wages, hours or other terms and conditions of employment.”
• “The union does not have to process your grievance, complaint, or
dispute in a manner that is satisfactory to you.”
(In fact, the union may not have to process your complaint at all )
• “The union may call you out on strike over an issue that you do not
agree with.”
• “If you are called out ‘on strike’, the company as the right to replace
you.”
• “The union can charge you union dues or have you fired if you do
not pay if you live in a non-right-to-work state and there is a union
(income) security clause.”
• “The union has the right to put you on trial for violating its rules and,
if you are found guilty, the union can fine you.”
“Hey, boss, should I sign this union card?”
26
27. • “You can deal directly with our company over wages, hours and
other terms and conditions of employment.”
• “You (and another employee) can discuss workplaces issues with
your supervisors, and that activity is protected.”
• “You can speak on your own behalf, without needing to pay a
union to do it.” (which may or may not decide to process your
complaint)
• “You do not have to be concerned about being called out on a
union-called strike that you may not agree with.”
• “You do not have to worry about being placed on trial by a union.”
• “You do not have to worry about being fined by a union if you are
found guilty at a union trial.”
What Supervisors Can Say:
Persuading Your Associates Not to Unionize
27
28. Legally Protected Discussion PointsLegally Protected Discussion Points
• Dues
• How dues are spent
• Fees
• Fines
• Assessments
• Unwillingness to put
promises into writing
• Strikes
• Pension funds
• By-laws
• Constitution
• Risks of negotiations
28
29. How financially solid are union pensionHow financially solid are union pension
plans?plans?
Union Pensions in the Red July 26, 2009
In April, the SEIU National Industry Pension Fund reported that its
pension has been put into what the feds call “critical status.” In
other words, it lacks the cash to pay promised benefits and may
have to cut them.
As of 2007, the last year for which it reported results to the
government, the fund had 74.4% of the assets needed to pay its
benefits.
Thirteen of the bigger plans operated for the Teamsters have,
together, a mere 59.3% of reserves necessary to cover obligations.
29
30. Non-Solicitation /Non-Distribution Policy
The Company’s Solicitation/Distribution Policy is to give our Company’s guests the best
service possible. In order to allow associates to provide the guests with their undivided
attention, associates are prohibited from soliciting and distributing literature during working
time. Working time is the time associates are expected to be working and does not include
rest, meal, or other authorized breaks. Associates are also prohibited from distributing
literature in work areas at all times and prohibited from soliciting and distributing literature
in sales and guest-access areas when guests may be present. Company owned e-mail,
facsimile machines, voice mail and similar equipment may be used only for business-related
purposes and not for personal use of any type. Non-associates may not solicit or distribute
literature on Company property at any time, and trespassing is prohibited.
30
31. 31
Controlling Union Access to the DealershipControlling Union Access to the Dealership
Publicize and consistently enforce broad policies regarding non-
employee and employee access, solicitation and distribution;
email; and bulletin board use
Secure access to facility
Secure employee information
32. Educating Your AssociatesEducating Your Associates
• Discuss and broadly distribute your positive employee
relations/union/issue-free philosophy
• Describe/role-play card-signing tactics
• Distribute an annotated union card
• Explain union motivation
• Explain what employees can lose under a union contract
• Explain why your philosophy is better than union representation
• Explain what the Employee Free Choice Act would mean to them
32
33. ““Day One” CommunicationDay One” Communication
• Pre-hire orientation with Issue Free philosophy
• Communicate Issue Free philosophy in interview process – not
just WHAT but WHY.
• New hire orientation video with Issue Free philosophy
• Consider sending orientation video to the homes
• Family involvement critical
33
34. Making Sure That Associates ChooseMaking Sure That Associates Choose
NotNot to Unionizeto Unionize
• Good communications
• Fair Wages and benefits
• Good healthcare and retirement
plans
• Good safety and working conditions
• Low workload and stress
• Good dispute resolution procedures
• Job security based on clear
objectives
• Network of friends and supporters
• High employee morale
• Solid leadership credibility
• Professional supervisors and good
employee treatment
• Welcome input and shared
decision-making
• Well developed employee
recognition and appreciation
programs
• Solid, documented complaint
resolution process
34
35.
36. Questions and Answers
John P. Boggs, Esq.
Fine, Boggs & Perkins LLP
(650) 712-8908
jboggs@employerlawyers.com
37. Contact Information
The recorded webinar and presentation slides will be emailed to
you today including your local representative’s contact information.
www.kpaonline.com
bross@kpaonline.com
866-356-1735
Editor's Notes
Sonic University ‘Labor Unions and Retail Automotive’ Course Duration: 3 hours Materials needed: Participant Guides Flip Chart Name Tents Projector & Screen Microphone (need not be ‘live’) Clip on Name tag: “KSAH NEWS” ‘ Union Card’ hand-out ‘ Lawful or Unlawful ‘exam sheets
Sonic University ‘Labor Unions and Retail Automotive’ Course Duration: 3 hours Materials needed: Participant Guides Flip Chart Name Tents Projector & Screen Microphone (need not be ‘live’) Clip on Name tag: “KSAH NEWS” ‘ Union Card’ hand-out ‘ Lawful or Unlawful ‘exam sheets
What is a union? A union is a business that thrives on associate discontent. Unions are only as effective as associates are dissatisfied with their employer. When an associate votes to unionize, they are actually voting against their company. They believe that the union, not the employer, is most interested in their concerns. It is not a charity: unions do not guarantee employment to its’ members. In fact, many unions spend the bulk of their revenues in ongoing organizing activities, rather than on member benefits. Unions can make promises that it cannot deliver. Unions are not obligated to negotiate in the best interest of the employee. In fact, union negotiators sometimes concede employee benefits for union gain during collective bargaining negotiations. For example, the union may approve a lower wage for their members in order to gain access to additional employees. Unions exist in every state and are targeting new businesses. Many people think that unions exist only in the ‘Rust Belt’ or only target large employers. Our experience demonstrates that union organizing is occurring in many Sonic regions. With the recent economic downturn, many former union members have been hired by Sonic. These associate create the potential for union organizing discussions taking place in your break rooms and locker areas. Time: 5 minutes Course duration: 0:35-0:40
Change to Win is a coalition of labor unions. Their leadership is targeting industries that were typically not union markets in the past. They look at this data as ‘potential income, and will spend a great deal of money and time to unionize these associates. Positions within Sonic that appear most vulnerable are Automotive Technicians, Clerical Workers, Sales personnel and Detailers. Time: 3 minutes Course duration: 0:40-0:42
Prior to 1935, unions and strikes were not protected by law. Then, the National Labor Relations Act was written into law, granting workers the right to self-organize. As manufacturing and blue collar jobs grew, so did unions. However, as America has moved away from a manufacturing economic base, and toward services and technology, union membership has decreased. This laces the unions of today in a desperate situation. In fact, union leadership has state that unless unions renew their organizing efforts, they will become obsolete. Time: 3 minutes Course duration: 0:42-0:45
A brief overview of the National Labor Relations Board . It was created to administer the National Labor Relations Act , the primary law governing relations between unions and employers in the private sector. The statute guarantees the right of employees to organize and to bargain collectively with their employers, and to engage in other protected concerted activity with or without a union, or to refrain from all such activity. This means that employees are not required to join the union, except in some government jobs, or when the employer requires union membership as a condition of employment. Time: 3 minutes Course duration: 0:45-0:48
If you decided to terminate someone that wishes to organize, you would be guilty of an Unfair Labor Practice. In fact, The National Labor Relations Act, or NLRA, guarantees employees certain rights. These rights must be respected by our company and most importantly, our dealership supervisors. These rights include: The right to self- organization, To form, join, or assist labor organizations, To bargain collectively through representatives of their own choosing, To engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection The right to refrain from any or all such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment. Make sure that you know what your state law is regarding mandatory union membership. However, as we’ll learn later, union membership also requires it’s members to waive certain rights. Time: 3 minutes Course duration: 0:48-0:51
What causes associates to believe that a union, rather than their employer, is most interested in their well being? Let’s review: Poor communications Wages and benefits Healthcare and retirement plans, even though some union pension funds are at risk. Safety and working conditions Workload and stress Dispute resolution procedures Job security and “at will” employment Network of family, friends and supporters Employee morale Leadership credibility Supervisors and employee treatment Input and shared decision-making Employee recognition and appreciation Complaint resolution If these are the root causes, would it be a good idea to ‘do the opposite’? Time: 3 minutes Course duration: 0:51-0:54
What is a bargaining unit? It is a group of employees with a clear and identifiable community of interests who are (under U.S. law) represented by a single labor union in collective bargaining and other dealings with management. Examples would be “Automotive Technicians“, “Vehicle Salespeople“, “Finance & Insurance Managers“, “Clerical and administrative employees“, etc. Bargaining units must consist of at least 3 employees, and must have the support of a majority of employees in the bargaining unit. However, the bargaining unit could be a small portion of a large company, where no other employees are members of a union. This is useful to know, so that you an identify potential bargaining units within your dealership. Time: 5 minutes Course duration: 1:01-1:06
Once the union organizer identifies the bargaining unit, they begin their campaign. Perhaps one of your current (pro-union) employees begins communicating with their peers. The union organizer may hold meetings, promoting the benefits of union membership. The union may even spread mis-truths about your company, Once the union believes that they have a good chance of winning an election, the card signing process begins. During this phase, your pro-union associates may apply peer pressure on your other employees to sign the cards. In some cases, unions will offer financial incentives to these ‘union salts’ to get more associates ‘signed up’. Many times, the union does not explain all of the obligations that union membershi p includes . Remember: the card signing process is one big sales job! This is the time that your leadership is most critical. Your must give these associates a compelling reason for not joining a labor union. Once the union has cards signed by 30% of your associates, they file a petition with the NLRB to hold an election. Since all members of a bargaining unit will eligible to vote (even if they did not sign a card), severe pressure is applied to these associates, to participate in the vote. This is a period of great turmoil in your dealership, and it lasts for 6 weeks. On election day, a representative from the NLRB monitors the election, and the outcome is announced after the votes are counted. If the union wins, all of the members of the bargaining unit must be represented by the union, even if 49% opposed unionization. They lose their right of self-representation. The union then approaches the management to negotiate the new collective bargaining agreement. Time: 5 minutes Course duration: 1:06-1:11
This timeline represents the 3 stages of union organizing. Time: 2 minutes Course duration: 1:11-1:13
Here is an example of how unions offer bounties to get your associates to pressure their peers. Time: 2 minutes Course duration: 1:13-1:15
This is an example of a union authorization card. If you see these being passed around, chances are good that a union campaign is in progress. HAND OUT: UNION CARD Time: 1 minute Course duration: 1:15-1:16
We have implemented a 12 point plan to most effectively protect our dealerships from union organizing. Let’s take a look: Clear Slide Time: 1 minute Course duration: 1:21-1:22
The good news is that Section 8(c) of the National Labor Relations Act grants us certain protected Free Speech Rights. You may express facts, opinions or examples. Time: 3 minutes Course duration: 1:35-1:38
Here are some legally protected statements that you may use during a union campaign. It is legally permissible to hold open meetings with the employees to discuss how joining a union will affect their working conditions. Let’s review: Time: 3 minutes Course duration: 1:38-1:41
These are the Legally Protected Discussion Points that you may bring up during these meetings. Dues: How much are they? How often can the union raise them? Do you get full membership immediately, or do you pay dues during the ‘waiting period’? How dues are spent: How much is spent on benefits, vs. ongoing organizing activities? Union executives compensation? Perks? Fees: Are there extra charges for required training, benefits, etc.? Fines: Can you be fined for not supporting union directives, such as a strike? Assessments: Can the union levy an assessment for office improvements, union negotiators, etc.? Willingness to put promises into writing: Have you asked them to guarantee that the dues won’t increase, that their pension fund is sound, etc.” Strikes: Can you be called out on strike without your approval? Would you be willing to risk your income and job in support of an affiliated union? Pension funds: How solid is the unions financial management? By-laws: Have you read the entire union membership agreement? Constitution: Have you read the entire union constitution? Risks of negotiations: Collective bargaining comes with no guarantees. If the union accepts a lower rate, you are obligated to work for the negotiated rate, which is in effect for at least 1 year. Time: 5 minutes Course duration: 1:49-1:54
Many union pension plans are underfunded, meaning that retirees may have their benefits deceased or eliminated. This report was published in the Wall St. Journal in May, 2009. Clear Slide Time: 2 minutes Course duration: 1:54-1:56
Every day, we have many people enter our dealership. We welcome those that want to do business with us, or inquire about joining our family. We probably like to buy Girl Scout cookies, ties or even fitness club memberships from people that solicit these businesses on site. However, this activity may distract our associates from efficiently using their time. It also gives union organizers access to our facilities. They will often site the permissions that you grant to these other groups as the reason that they deserve access to your store. There are far more reasons to restrict access than there are reasons to have an ‘Open Campus’. Let’s adhere to our company’s Access, Solicitation and Distribution Policies. Time: 5 minutes Course duration: 1:59-2:04
We must post ‘Employee Only’ signage in areas where they will be conspicuous to all. If someone is in the dealership, and are not engaged in the normal business of the store, they do not belong on site. You may issue policies regarding the use of company e-mail to ‘business only’. You may also prevent associates from posting union propaganda on common bulletin boards. We must always protect our associates personal information from any non-authorized access. Time: 5 minutes Course duration: 2:04-2:09
Educating your associates both prior to or during a campaign is key. Make sure that you: Discuss and broadly distribute your positive employee relations/union/issue-free philosophy Describe/role-play card-signing tactics Distribute an annotated union card Explain union motivation Explain what employees can lose under a union contract Explain why your philosophy is better than union representation Explain what the Employee Free Choice Act would mean to them Time: 5 minutes Course duration: 2:12-2:17
It is advised that we begin communicating our Union Free Philosophy during the hiring and on-boarding of a new associate. We should utilize and implement: Pre-hire orientation program with Issue Free philosophy Communication of our Issue Free philosophy during the employment interview process-not just WHAT but WHY. New hire orientation video with Issue Free philosophy Consider sending orientation video to the homes . Joining a union is frequently a family decision. Therefore, family involvement is critical. Time: 3 minutes Course duration: 2:17-2:20
Could we achieve our Union/Issue Free objective, and improve ASI by insisting upon: Good communications Fair Wages and benefits Good healthcare and retirement plans Good safety and working conditions Low workload and stress Good dispute resolution procedures Job security based on clear objectives Network of friends and supporters pro- Sonic High employee morale Solid leadership credibility Professional supervisors and good employee treatment Welcome input and shared decision-making Well developed employee recognition and appreciation programs Solid, documented complaint resolution process Time: 3 minutes Course duration: 2:27-2:30