The document summarizes key changes to NLRB election rules that accelerate the union election timeline. It discusses how petitions can now be served via email instead of fax. Employers will have only one business day to submit their position statement before a hearing, which is scheduled eight days after the petition. Employers must provide the voter list within two days of the election direction instead of seven. Objections to the election must be filed within seven days of the election. The document provides an example timeline showing how an election could occur as soon as two weeks after a petition is filed. It advises employers to prepare for the new rules by establishing rapid response teams and assessing employee data and policies.
Fair Pay and Safe Workplaces Executive Order - The New Rules (What You Need t...America's Job Exchange
America's Job Exchange (AJE) November webinar "Fair Pay & Safe Workplaces Executive Order: The New Rules – What You Need to Know" with Laura Mitchell, Shareholder, Affirmative Action & OFCCP Practice Group from Jackson Lewis P.C., The U.S. Department of Labor (DOL) and the Federal Acquisition Regulatory (FAR) Council have published the highly-anticipated final guidance and regulations implementing President Barack Obama's "Fair Pay and Safe Workplaces" Executive Order (E.O. 13673), also referred to as "Blacklisting" or the "Bad Actors" Executive Order. This rule will present significant challenges and have tremendous impact on the federal contractor community.
Company Policy: Elements of Administrative Investigation and Progressive Disc...PoL Sangalang
Company Policy: Elements of Administrative Investigation and Progressive Discipline. July 24, 2014. 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.
How to Effectively Fire Problem Employees and LEGALLY Win Labor Cases.PoL Sangalang
A Survival Guide to Philippine Labor Law for Business Owners and Managers. How to Avoid Costly Illegal Dismissal Cases. By Atty. PoL Sangalang, Business Lawyer & Legal Coach Philippines.
The NLRB adopted new rules governing union representation procedures in a 3-2 party-line vote. The rules will likely result in union elections occurring between 10-21 days after a petition is filed, significantly shorter than the current 38-45 day timeframe. Proponents argue it streamlines the process, while critics argue it allows "ambush elections" with less time for employers to communicate. Non-union employers will need more proactive strategies to respond to potential short-term organizing efforts under the new rules.
The NLRB implemented new expedited election rules in 2015 that significantly shorten the timeline for union representation elections. The new rules reduce the period between a union petition and election from an average of 38 days to as few as 11 days. This accelerated process strongly benefits unions by limiting the time employers have to communicate with employees about why they should vote against unionization. The expedited rules encompass many procedural changes that give regional directors more discretion and make it harder for employers to litigate issues or seek review of pre-election rulings. Overall, the new rules pave the way for what are being called "ambush elections" that make it much more difficult for employers to respond to union organizing efforts.
The document discusses employee rights and responsibilities in the workplace. It covers statutory and contractual rights, employment contracts, non-compete agreements, employment-at-will, exceptions to at-will employment, alternative dispute resolution methods, individual employee rights regarding free speech, privacy, and personal behavior, balancing employer security and drug testing with employee rights, HR policies and procedures, employee discipline processes, and separation agreements.
Fair Pay and Safe Workplaces Executive Order - The New Rules (What You Need t...America's Job Exchange
America's Job Exchange (AJE) November webinar "Fair Pay & Safe Workplaces Executive Order: The New Rules – What You Need to Know" with Laura Mitchell, Shareholder, Affirmative Action & OFCCP Practice Group from Jackson Lewis P.C., The U.S. Department of Labor (DOL) and the Federal Acquisition Regulatory (FAR) Council have published the highly-anticipated final guidance and regulations implementing President Barack Obama's "Fair Pay and Safe Workplaces" Executive Order (E.O. 13673), also referred to as "Blacklisting" or the "Bad Actors" Executive Order. This rule will present significant challenges and have tremendous impact on the federal contractor community.
Company Policy: Elements of Administrative Investigation and Progressive Disc...PoL Sangalang
Company Policy: Elements of Administrative Investigation and Progressive Discipline. July 24, 2014. 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.
How to Effectively Fire Problem Employees and LEGALLY Win Labor Cases.PoL Sangalang
A Survival Guide to Philippine Labor Law for Business Owners and Managers. How to Avoid Costly Illegal Dismissal Cases. By Atty. PoL Sangalang, Business Lawyer & Legal Coach Philippines.
The NLRB adopted new rules governing union representation procedures in a 3-2 party-line vote. The rules will likely result in union elections occurring between 10-21 days after a petition is filed, significantly shorter than the current 38-45 day timeframe. Proponents argue it streamlines the process, while critics argue it allows "ambush elections" with less time for employers to communicate. Non-union employers will need more proactive strategies to respond to potential short-term organizing efforts under the new rules.
The NLRB implemented new expedited election rules in 2015 that significantly shorten the timeline for union representation elections. The new rules reduce the period between a union petition and election from an average of 38 days to as few as 11 days. This accelerated process strongly benefits unions by limiting the time employers have to communicate with employees about why they should vote against unionization. The expedited rules encompass many procedural changes that give regional directors more discretion and make it harder for employers to litigate issues or seek review of pre-election rulings. Overall, the new rules pave the way for what are being called "ambush elections" that make it much more difficult for employers to respond to union organizing efforts.
The document discusses employee rights and responsibilities in the workplace. It covers statutory and contractual rights, employment contracts, non-compete agreements, employment-at-will, exceptions to at-will employment, alternative dispute resolution methods, individual employee rights regarding free speech, privacy, and personal behavior, balancing employer security and drug testing with employee rights, HR policies and procedures, employee discipline processes, and separation agreements.
Delivered by our Queensland EILS team, this seminar explored the manipulations of investigations by employers and the common issues and deficiencies of investigations. Case studies, tip and traps are covered.
This document summarizes recent developments in Ontario employment law. It discusses: 1) new accessibility requirements for employers with 1-49 employees under the AODA; 2) temporary staffing agency liability for unpaid wages; 3) workplace harassment provisions introduced through Bill 132 including the definition of sexual harassment. It also covers pay equity maintenance requirements to achieve and maintain equal pay for work of comparable value.
Evelyn was asked to speak before 50 women at the Business Women's Network of York Region November event. She prepared and presented a short primer of employment law as it effects employers, including dealing with such topics as: employment agreements; termination clauses; just cause; bad faith; applicable legislation.
2012 05 30 Report of the Acting General Counsel concerning social media casesKrishna De
For further information visit:
http://www.nlrb.gov/news/acting-general-counsel-releases-report-employer-social-media-policies
For a curated summary relating to the NLRB Costco ruling visit:
http://storify.com/krishnade/costco-national-labor-relations-board-ruling-affec
http://bgn.bz/costco
CANADIAN EMPLOYMENT LAW 101 FOR US LEGAL & HUMAN RESOURCES Kristin Taylor
This document provides an overview of key differences between U.S. and Canadian employment law. It discusses statutory requirements in Canada such as minimum wage, leaves of absence, public holidays, overtime pay and termination obligations. It also covers differences in human rights protections related to disability, age and family status. Additionally, it addresses employment contracts, privacy laws, and differences in defining disability and accommodating family obligations. The document is intended as a primer for U.S. legal and HR professionals on major aspects of Canadian employment law.
PKWH shares Labor and Employment law updates covering independent contractor classification, implications of an activist NLRB, California's new sick leave law, use of smartphones, remote access and its impact on overtime, minimum wage updates and the Private Attorney General Act (PAGA).
Canadian Employment Law 101 for U.S. Legal & HRNow Dentons
Canadian Employment Law 101 for U.S. Legal & HR includes Key differences U.S. vs. Canadian Employment Law, Background Checking, Education/Professional Certification Checks and Credit Checks.
Changes on the Horizon: The DOL's Proposed Rules Regarding Independent Contra...Jim Cowan
This Presentation covers the DOL's new Proposed Rules. Topics covered include:
• The DOL Adopting more Restrictive Tests for Independent Contractor
• The Proposed Changes to DOL White Collar Exempt Status Regulations
• The Computer Professionals Exemption Decision Tree
• The Salary Basis Test, Permitted Salary Deductions
• The Exceptions from "No Pay-Docking" Rule
• Examples & Effects of Improper Deductions
• Payroll Practices that Do Not Violate the Salary Basis Test
• Additional Compensation.
DISCLAIMER:
By using this site and accessing the information presented by CowanPerry, PC., you understand that there is no attorney client relationship between you and CowanPerry, PC. The site and information contained therein should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The information contained on this site is summary in nature and does not include all conditions, limitations, or exceptions that may be applicable to a particular situation. Every effort has been made to present current information without inaccuracies; however, errors, additions, deletions, and changes in the laws or procedures may occur and could make the information out of date or inaccurate. CowanPerry, PC does not assume any liability whatsoever for the "up-to-dateness", accuracy and completeness of the information.
Understanding Employer Obligations Under Bill 168Enercare Inc.
This document provides information to employers about their obligations under Bill 168 to address workplace violence and harassment. It discusses conducting risk assessments to identify potential sources of violence. The summary is:
Bill 168 places new obligations on employers to proactively prevent workplace violence and harassment. Employers must conduct risk assessments, develop policies and programs, provide training, and review procedures annually. Risk assessments involve collecting information on previous incidents and input from employees to identify factors that could contribute to violence.
Learn how recent NLRB decisions affect employers and their employee manuals, employment policies, social media policies, arbitration, confidentiality requirements, and response to collective action.
This document discusses unfair labour practices in the United States and India. It provides definitions of unfair labour practices according to the National Labour Relations Act in the US and the Labour Relations Act in India. The key points are:
1) Unfair labour practices in the US and India include employers interfering with union activities, discriminating against unionized workers, and refusing to collectively bargain.
2) Complaints of unfair labour practices are investigated and may be settled or referred to arbitration if not resolved.
3) Examples of unfair practices discussed include suspending only union supporters, failing to promote workers for union activities, and occupational detriments for whistleblowers.
The document summarizes legal issues related to telecommuting arrangements. It discusses wage and hour laws, safety requirements, posting requirements, and confidentiality concerns. Employers must ensure telecommuting employees accurately track their hours worked, create a safe designated work area at home, make workplace posters accessible remotely, and implement policies around bring-your-own devices and data security when work is done off-site. The document provides strategies for employers to address these legal issues when offering telecommuting options to employees.
20 Factor Test Employee Or Sub Contractordmaaskant
This document gives greater detail on the 20 Factors the IRS and other taxing agencies use during an audit. Much more clear than the IRS publication, but note - not published by the IRS.
The document discusses the Occupational Safety and Health Act (OSHA) and workplace health and safety. It provides objectives for understanding OSHA provisions, employer and employee responsibilities under OSHA, and computing incidence rates. Specifically, it aims to summarize OSHA standards and guidelines, how to create a safe work environment, identify health hazards, and methods for coping with stress.
The document summarizes key aspects of two recent Australian laws:
1) The Fair Work (Registered Organisations) Amendment Act 2016 establishes an independent watchdog called the Registered Organisations Commission to monitor unions. It increases financial disclosure requirements and penalties for noncompliance.
2) The Building and Construction Industry (Improving Productivity) Act 2016 re-establishes the Australian Building and Construction Commission with broad investigative powers over unions. It prohibits certain industrial actions and expands the definition of unlawful coercion.
This document provides an overview of unfair dismissal laws in Australia, including:
1. The definition of unfair dismissal and how the laws have changed over time, being introduced in 1994 and amended in 1997 and 2006.
2. The three main aspects of unfair dismissal law: having good reasons for dismissal, providing proper notice, and ensuring procedural fairness in the dismissal process.
3. Examples of cases related to unfair dismissal laws and how they have been interpreted by courts over time.
Recorded on June 13, 2013. - This webinar, intended for community workers, presents options for workers who have been fired or laid off. It looks at when an employer can fire an employee, what a worker can do if they are wrongfully dismissed, and what the Courts or the Ministry of Labour look for when dealing with dismissal cases.
Watch an archived recording of this webinar and download copies of presentation materials at
http://yourlegalrights.on.ca/webinar/wrongful-dismissal
The document discusses overtime pay requirements under Ontario employment law. It covers statutory requirements, common myths, and distinctions between exempt and non-exempt employees. Recent case law establishes that merely having supervisory or managerial duties is not enough to qualify for exemption; the tasks must be primarily of that character. Upcoming Bill 146 proposes increasing the limitation period for unpaid wage claims and requiring employers to complete audits of their compliance upon notice.
The document provides an overview of employment and labor law in Ireland regarding the termination of employment. It discusses:
1) Employers generally need a reason to lawfully terminate employment, with potential fair reasons including conduct, capability, redundancy, or other substantial grounds.
2) Additional notification and consultation obligations apply for large-scale ("collective") redundancies over certain thresholds.
3) Protections for employees also apply in the context of a business sale, such as under the European Acquired Rights Directive.
4) Minimum statutory notice periods are required, ranging from one to eight weeks depending on length of service.
This document provides an overview of unionization processes and recent related legal developments. It discusses the shift to quicker unionization elections, implications of the narrowed joint employer standard, and examples of workplace policies that may unlawfully restrict protected concerted activities. The presentation recommends strategies for employers, such as developing a strategic labor plan, revising email and confidentiality policies, considering appropriate bargaining units, and reviewing handbook policies and rules for National Labor Relations Board compliance.
The document summarizes key points from a presentation by Derek Barella on NLRB guidance regarding employee handbook policies. It discusses:
- The National Labor Relations Act and protections for concerted employee activities.
- The NLRB's analysis of work rules and policies under the Obama-era GC Memo 15-04, focusing on rules that could chill protected concerted activities.
- Examples of confidentiality, conduct, and third-party communication rules that courts and the NLRB have found to be lawful or unlawful based on whether employees could reasonably construe them to limit protected discussions.
Delivered by our Queensland EILS team, this seminar explored the manipulations of investigations by employers and the common issues and deficiencies of investigations. Case studies, tip and traps are covered.
This document summarizes recent developments in Ontario employment law. It discusses: 1) new accessibility requirements for employers with 1-49 employees under the AODA; 2) temporary staffing agency liability for unpaid wages; 3) workplace harassment provisions introduced through Bill 132 including the definition of sexual harassment. It also covers pay equity maintenance requirements to achieve and maintain equal pay for work of comparable value.
Evelyn was asked to speak before 50 women at the Business Women's Network of York Region November event. She prepared and presented a short primer of employment law as it effects employers, including dealing with such topics as: employment agreements; termination clauses; just cause; bad faith; applicable legislation.
2012 05 30 Report of the Acting General Counsel concerning social media casesKrishna De
For further information visit:
http://www.nlrb.gov/news/acting-general-counsel-releases-report-employer-social-media-policies
For a curated summary relating to the NLRB Costco ruling visit:
http://storify.com/krishnade/costco-national-labor-relations-board-ruling-affec
http://bgn.bz/costco
CANADIAN EMPLOYMENT LAW 101 FOR US LEGAL & HUMAN RESOURCES Kristin Taylor
This document provides an overview of key differences between U.S. and Canadian employment law. It discusses statutory requirements in Canada such as minimum wage, leaves of absence, public holidays, overtime pay and termination obligations. It also covers differences in human rights protections related to disability, age and family status. Additionally, it addresses employment contracts, privacy laws, and differences in defining disability and accommodating family obligations. The document is intended as a primer for U.S. legal and HR professionals on major aspects of Canadian employment law.
PKWH shares Labor and Employment law updates covering independent contractor classification, implications of an activist NLRB, California's new sick leave law, use of smartphones, remote access and its impact on overtime, minimum wage updates and the Private Attorney General Act (PAGA).
Canadian Employment Law 101 for U.S. Legal & HRNow Dentons
Canadian Employment Law 101 for U.S. Legal & HR includes Key differences U.S. vs. Canadian Employment Law, Background Checking, Education/Professional Certification Checks and Credit Checks.
Changes on the Horizon: The DOL's Proposed Rules Regarding Independent Contra...Jim Cowan
This Presentation covers the DOL's new Proposed Rules. Topics covered include:
• The DOL Adopting more Restrictive Tests for Independent Contractor
• The Proposed Changes to DOL White Collar Exempt Status Regulations
• The Computer Professionals Exemption Decision Tree
• The Salary Basis Test, Permitted Salary Deductions
• The Exceptions from "No Pay-Docking" Rule
• Examples & Effects of Improper Deductions
• Payroll Practices that Do Not Violate the Salary Basis Test
• Additional Compensation.
DISCLAIMER:
By using this site and accessing the information presented by CowanPerry, PC., you understand that there is no attorney client relationship between you and CowanPerry, PC. The site and information contained therein should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The information contained on this site is summary in nature and does not include all conditions, limitations, or exceptions that may be applicable to a particular situation. Every effort has been made to present current information without inaccuracies; however, errors, additions, deletions, and changes in the laws or procedures may occur and could make the information out of date or inaccurate. CowanPerry, PC does not assume any liability whatsoever for the "up-to-dateness", accuracy and completeness of the information.
Understanding Employer Obligations Under Bill 168Enercare Inc.
This document provides information to employers about their obligations under Bill 168 to address workplace violence and harassment. It discusses conducting risk assessments to identify potential sources of violence. The summary is:
Bill 168 places new obligations on employers to proactively prevent workplace violence and harassment. Employers must conduct risk assessments, develop policies and programs, provide training, and review procedures annually. Risk assessments involve collecting information on previous incidents and input from employees to identify factors that could contribute to violence.
Learn how recent NLRB decisions affect employers and their employee manuals, employment policies, social media policies, arbitration, confidentiality requirements, and response to collective action.
This document discusses unfair labour practices in the United States and India. It provides definitions of unfair labour practices according to the National Labour Relations Act in the US and the Labour Relations Act in India. The key points are:
1) Unfair labour practices in the US and India include employers interfering with union activities, discriminating against unionized workers, and refusing to collectively bargain.
2) Complaints of unfair labour practices are investigated and may be settled or referred to arbitration if not resolved.
3) Examples of unfair practices discussed include suspending only union supporters, failing to promote workers for union activities, and occupational detriments for whistleblowers.
The document summarizes legal issues related to telecommuting arrangements. It discusses wage and hour laws, safety requirements, posting requirements, and confidentiality concerns. Employers must ensure telecommuting employees accurately track their hours worked, create a safe designated work area at home, make workplace posters accessible remotely, and implement policies around bring-your-own devices and data security when work is done off-site. The document provides strategies for employers to address these legal issues when offering telecommuting options to employees.
20 Factor Test Employee Or Sub Contractordmaaskant
This document gives greater detail on the 20 Factors the IRS and other taxing agencies use during an audit. Much more clear than the IRS publication, but note - not published by the IRS.
The document discusses the Occupational Safety and Health Act (OSHA) and workplace health and safety. It provides objectives for understanding OSHA provisions, employer and employee responsibilities under OSHA, and computing incidence rates. Specifically, it aims to summarize OSHA standards and guidelines, how to create a safe work environment, identify health hazards, and methods for coping with stress.
The document summarizes key aspects of two recent Australian laws:
1) The Fair Work (Registered Organisations) Amendment Act 2016 establishes an independent watchdog called the Registered Organisations Commission to monitor unions. It increases financial disclosure requirements and penalties for noncompliance.
2) The Building and Construction Industry (Improving Productivity) Act 2016 re-establishes the Australian Building and Construction Commission with broad investigative powers over unions. It prohibits certain industrial actions and expands the definition of unlawful coercion.
This document provides an overview of unfair dismissal laws in Australia, including:
1. The definition of unfair dismissal and how the laws have changed over time, being introduced in 1994 and amended in 1997 and 2006.
2. The three main aspects of unfair dismissal law: having good reasons for dismissal, providing proper notice, and ensuring procedural fairness in the dismissal process.
3. Examples of cases related to unfair dismissal laws and how they have been interpreted by courts over time.
Recorded on June 13, 2013. - This webinar, intended for community workers, presents options for workers who have been fired or laid off. It looks at when an employer can fire an employee, what a worker can do if they are wrongfully dismissed, and what the Courts or the Ministry of Labour look for when dealing with dismissal cases.
Watch an archived recording of this webinar and download copies of presentation materials at
http://yourlegalrights.on.ca/webinar/wrongful-dismissal
The document discusses overtime pay requirements under Ontario employment law. It covers statutory requirements, common myths, and distinctions between exempt and non-exempt employees. Recent case law establishes that merely having supervisory or managerial duties is not enough to qualify for exemption; the tasks must be primarily of that character. Upcoming Bill 146 proposes increasing the limitation period for unpaid wage claims and requiring employers to complete audits of their compliance upon notice.
The document provides an overview of employment and labor law in Ireland regarding the termination of employment. It discusses:
1) Employers generally need a reason to lawfully terminate employment, with potential fair reasons including conduct, capability, redundancy, or other substantial grounds.
2) Additional notification and consultation obligations apply for large-scale ("collective") redundancies over certain thresholds.
3) Protections for employees also apply in the context of a business sale, such as under the European Acquired Rights Directive.
4) Minimum statutory notice periods are required, ranging from one to eight weeks depending on length of service.
This document provides an overview of unionization processes and recent related legal developments. It discusses the shift to quicker unionization elections, implications of the narrowed joint employer standard, and examples of workplace policies that may unlawfully restrict protected concerted activities. The presentation recommends strategies for employers, such as developing a strategic labor plan, revising email and confidentiality policies, considering appropriate bargaining units, and reviewing handbook policies and rules for National Labor Relations Board compliance.
The document summarizes key points from a presentation by Derek Barella on NLRB guidance regarding employee handbook policies. It discusses:
- The National Labor Relations Act and protections for concerted employee activities.
- The NLRB's analysis of work rules and policies under the Obama-era GC Memo 15-04, focusing on rules that could chill protected concerted activities.
- Examples of confidentiality, conduct, and third-party communication rules that courts and the NLRB have found to be lawful or unlawful based on whether employees could reasonably construe them to limit protected discussions.
NLRB Briefing—Recent Developments and a Few Prognostications Winston & Strawn LLP
The document summarizes recent developments at the National Labor Relations Board (NLRB) and predictions for changes under the new administration. It discusses the NLRB's recent pro-union decisions expanding joint employer standards, allowing micro-bargaining units, and restricting employer policies. With two empty seats, the NLRB may reverse approaches on these issues. Targets for reversal include the joint employer test, arbitration of class/collective claims, employee handbooks, and employer email access for unions. Further changes will likely be gradual as the NLRB waits for the right cases.
This document provides a summary of an employment law webinar discussing recent and upcoming changes. It outlines proposed changes to overtime regulations that would raise the minimum salary for exempt employees. It also discusses issues like unpaid internships, joint employer standards, independent contractor classification, Affordable Care Act reporting requirements, and other National Labor Relations Board developments. The webinar aimed to bring employers up to date on the current employment law landscape and help them prepare for new regulations and standards.
The NLRB has increasingly regulated non-union workplaces by finding that certain personnel policies can violate employees' rights under Section 7 of the NLRA. Recent cases have established that policies prohibiting disrespectful behavior, discussing confidential information, or restricting off-duty access are more likely to be found unlawful unless they are narrowly tailored and include disclaimers specifying that Section 7 rights are not limited. Employers must also carefully evaluate requests for confidentiality in internal investigations on a case-by-case basis to avoid chilling protected concerted activity. The NLRB's aggressive approach in these non-union settings has generated compliance challenges for employers.
New Overtime Rules: The Official Changes to the FLSA White-Collar ExemptionsNet at Work
Join Constangy attorney Jonathan Martin as he addresses the U.S. Department of Labor's Final Rule on white-collar overtime exemptions, which has an effective date of December 1, 2016, as well as practical advice concerning other wage and hour conundrums.
Welcome to the Company, Please Sign Here: Workplace Documentation Suzanne Boy
This document summarizes the key topics and policies covered at the 24th Annual HR Law & Solutions conference. The agenda included discussions of critical handbook policies, additional wage/hour policies, LGBT issues in the workplace, acknowledgement of probation/reemployment, background check best practices, avoiding NLRB issues, non-compete agreements, and confidentiality agreements. Key policies reviewed included FMLA leave, anti-discrimination, timekeeping, travel time, and salary basis. Presenters provided guidance on complying with wage/hour laws and handling personnel evaluations, LGBT workplace issues, restrictive covenants, and protecting trade secrets.
Ready your Organisation: Senior Managers and Certification RegimeMyComplianceOffice
The UK’s Senior Managers and Certification Regime (SMCR) came into force for banks, other deposit-takers and PRA-regulated investment firms in March 2016. The regime is expected to be brought into effect for the rest of the UK financial services industry in 2018.
Watch recordings of the webinar here; https://mco.mycomplianceoffice.com/mco-webinar/ready-your-firm-senior-managers-and-certification-regime-fundamentals
This document summarizes key points from a health law seminar on employment law basics. It discusses major federal employment laws like Title VII, the ADA, and FMLA. It covers what behaviors these laws prohibit, like discrimination and retaliation. It also addresses important employment law topics like hiring practices, compensation, employee discipline, leave policies, and terminations. The document provides guidance on properly documenting personnel issues and managing risk in employee-employer relationships.
The document summarizes key topics from a seminar on employment law, including:
1) Marijuana legalization and workplace policies on marijuana use, testing, and accommodating medical marijuana.
2) An overview of the current state of the COVID-19 pandemic and challenges of remote work, such as employee isolation, mental health, and new performance management systems.
3) Legal issues employers should consider regarding remote work, such as drafting remote work policies, ensuring compliance with exempt/non-exempt status, workplace safety for home offices, and multi-state tax and law compliance.
Chapter 13 Employee Rights and DisciplineRayman Soe
This document discusses employee rights and privacy in the workplace. It covers topics such as employment-at-will, exceptions to at-will employment like public policy violations, implied contracts and implied covenants. It also discusses privacy issues for employees such as substance abuse testing, searches, surveillance, access to personnel files and discipline policies. The objectives are to explain employee rights and employer responsibilities, exceptions to at-will employment, privacy rights and how to establish disciplinary policies.
The document outlines an agenda for a union meeting that will discuss important clauses in the enterprise agreement related to restructures, consultation, leave, disciplinary action, union rights, and dispute resolution. It includes an introduction, relational question, main content on these topics broken into sections, and a wrap up. The main content will explore these clauses in detail and discuss the implications and processes involved.
For a few brief months in late 2017, the five-member National Labor Relations Board (NLRB) operated at full-strength and with a Republican majority for the first time in a decade. The “new” NLRB’s case outcomes were consequential, and included reversals of several perceived pro-labor decisions from the prior Obama NLRB. Then, Chairman Miscimarra’s term expired in December, and the NLRB settled back into a 2-2 equipoise. Looking ahead, employers will likely not wait long for another shift in the NLRB’s political make-up, as President Trump’s latest nominee, Republican John Ring, awaits confirmation by the Senate.
Winston & Strawn Partners Bill Miossi and Derek Barella review the NLRB’s late 2017 flurry of activity and likely issues and agenda items to be taken up by the Trump NLRB in 2018.
This document provides an overview of how to prepare for and successfully navigate a labor audit conducted by the Department of Labor (DOL). It discusses common triggers for DOL investigations, the investigation process, how to cooperate with investigators, and keys to resolution. Some automated payroll practices like automatic meal deductions, rounding, exception time reporting, and time shaving are highlighted as risks for wage/hour class actions. The document stresses the importance of training, compliant policies, audits, and developing evidence to support exemptions.
This document provides an overview of HR management topics including:
- Legislative updates on protected classes, FMLA, parental leave, and background checks.
- Employment law issues such as reasonable accommodation, social media, misclassification of workers, and joint employer liability.
- An overview of anti-discrimination laws including the Civil Rights Act, ADA, FMLA, and background check compliance.
- Best practices for recruiting, interviewing, hiring, onboarding, and managing contract labor in a legally compliant manner.
This document provides an overview of HR management topics including employment law, benefits, organizational development and training. It discusses key legislation like the Civil Rights Act, Americans with Disabilities Act, and Family Medical Leave Act. It also covers managing contractors, background checks, interviewing best practices, and handling issues like discrimination, reasonable accommodation, and workplace conflict. The document is intended as a comprehensive guide and reference for HR professionals.
Reductions in Force – Be Prepared Before a Recession HitsQuarles & Brady
As economists and pundits debate whether a recession looms for 2020, your company can take steps now to be prepared to implement reductions in force should it become necessary. This presentation will explore how to plan and execute a reduction in force to minimize business, legal and other disruptions while reshaping your workforce. Whether a recession is imminent or not, the time to plan for such a workforce event is now.
Top ten employment law tips scrase employment solicitors 180516Martin Augustus
From handling grievances to dealing with harassment, we will show you some of the traps employers can fall into and some simple ways to help you avoid them. This presentation is a must for newcomers to the HR profession and experienced HR practitioners alike. We will deal with the 10 issues we see coming up, time and time again.
Similar to NLRB Ambush Elections Have Arrived - Are You Ready Philadelphia (20)
Preparing for Emergencies in an Age of Epidemics, Storms & Workplace ViolenceThomas Benjamin Huggett
Workplace safety issues often develop when employers are faced with external challenges. From last year’s Ebola scare to this year’s measles outbreak to extreme weather events, including snow storms and torrential rains, there are many situations employers need to be prepared to
handle to ensure the safety of their employees. Workplace violence is also an increasing reality, and it is imperative that employers have safeguards and plans in place to respond to and prevent such situations. This panel, comprising of members of Littler’s Workplace Safety Practice Group, will discuss what has been learned from such recent events. Our panel will look to the future and discuss how disruptive forces such as introducing robots into the workplace will present new workplace safety challenges for employers in the workplaces of the near future.
The workplace safety report - OSHA for 2015 - Littler Mendelson Executive Emp...Thomas Benjamin Huggett
The document summarizes OSHA regulations and activities for 2015, including new injury reporting requirements, enforcement initiatives, and pending rulemaking. It notes that all work-related fatalities and in-patient hospitalizations, amputations, and loss of eyes must now be reported within 8 and 24 hours respectively. OSHA is also pursuing more aggressive enforcement around recordkeeping, whistleblower protections, and temporary worker safety. Several regulations are expected to be finalized in 2015 covering topics like cranes, silica, and respiratory protection.
Littler Global Employer Latin America Conference 2015 Health and Safety Ris...Thomas Benjamin Huggett
This presentation discussed the duty of care concept as applied to employee travel and issues an employer should consider in preparing for potential issues.
Employers must now report all in patient hosptializations of one or more employees, all amputations, and the loss of an eye within 24 hours. Human resources, safety and employment lawyers should know their obligations.
Is your employee handbook up to date? Essential components and sample polici...Thomas Benjamin Huggett
Exactly as it sounds, this presentation for human resources and employment law professionals covers the current issues and concerns for employee handbooks.
This document provides a summary of the top 10 things to know about OSHA regulations and guidelines in 2015. It covers requirements around injury reporting, inspections, employee interviews during inspections, common citations, the Global Harmonization System for chemical labeling, asbestos regulations, an employer's general duty to provide a safe workplace, multi-employer worksite liability, protections for self-audits, and information on OSHA whistleblower complaints. The summary was presented by Thomas Benjamin Huggett of Littler Mendelson law firm.
This document provides answers to frequently asked questions about Ebola for employers. It explains that Ebola is transmitted through direct contact with bodily fluids from a sick person showing symptoms, and that there is no approved vaccine. It advises that employers cannot prohibit travel but may require medical exams depending on exposure risk. It also recommends educating nervous employees on low transmission risk and avoiding discrimination. Employers with at-risk workers should follow safety standards and allow refusal to work only if there is objectively imminent death or injury.
4. • GC Richard Griffin issued the Report in a stated effort to
provide guidance on valid employer rules under the NLRA.
– The report acknowledges the difficulty of applying the Board’s test
concerning workplace rules.
– Even “well-intentioned rules” may inhibit employees from engaging in
protected activities, and therefore may be considered unlawful.
– The Report provides illustrations of rules the GC considers lawful, or
unlawful.
– It is a guide for management, and also for charging parties.
Report on Employer Rules
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5. Background: Board’s Scrutiny of
Workplace Rules & Policies
• An employer violates Section 8(a)(1) of the NLRA
by maintaining rules or policies that interfere
with, restrain or coerce employees in the
exercise of rights guaranteed by Section 7 of the
NLRB, even if the employer did not adopt them
in response to union activity or protected
concerted activities, and even if the employer
has not enforced them, through disciplinary
action or otherwise, in a manner that results in
actual interference with employee rights.
Lafayette Park Hotel, 326 NLRB 824 (1998)
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6. • The NLRB will find a rule unlawful if employees would
reasonably construe the language to prohibit protected
activity.
– Penalizes rules not based on how they are applied or actually
interpreted, but how the Board believes a reasonable employee
would view them.
– As the agency charged with enforcing employee rights to engage in
zealous organizing and workplace advocacy, the Board’s views
frequently are surprising and seem idiosyncratic.
– Since 2012 the Board has construed rules against the employer,
and now expects rules to be drafted to prevent misunderstandings.
– This Board will continue to push the envelope in employer rules
cases by invalidating provisions that do not preclude an
interpretation that would be unlawful.
NLRB’s Rules For Workplace Rules
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7. • When the Board finds an overly broad work rule in effect,
the traditional remedies can be far-reaching and include:
– Requiring the employer to remove or replace the rule and notify
employees this has been done;
– Requiring the employer to post and distribute Notices to Employees
previously covered by the rule, acknowledging wrongdoing;
– Overturning an otherwise valid discharge decision that was based on the
overly broad rule; and
– Vacating a representation election that occurred while the rule was in
effect, and ordering the election to be re-run
Impact of Invalid Rules
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8. Handbook Provisions
Confidential Information
Disclosure of “work matters” or any information about
the employer that is “not public” is prohibited.
Unlawful. Confidentiality rules that implicitly or explicitly encompass
employee information, personnel information, or employment terms,
generally are unlawful. The foregoing rule could be construed to
prohibit workplace conditions or other protected subjects from being
discussed.
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9. Handbook Provisions
False Statements
The employer’s rule prohibited making “false, vicious,
profane or malicious statements” about the employer
or coworkers.
Unlawful. Punishing employees for making merely false
statements, as opposed to maliciously false statements, is
overbroad.
9
10. Handbook Provisions
Disparagement of the Employer
You agree that you will not (nor will you cause or
cooperate with others to) publicly criticize, ridicule,
disparage or defame the Company or its products,
services, policies, directors, officers, shareholders, or
employees, with or through any written or oral statement
or image....
Unlawful. Within certain limits employees are allowed to criticize
their employer and employees sometimes do so in appealing to
the public or fellow employees to gain their support.
10
11. Handbook Provisions
Inappropriate and Offensive Conduct
Rule prohibited “insulting, embarrassing, hurtful or
abusive comments about other employees.”
Unlawful. Debates about unionization are often contentious and
controversial, and the rule could be viewed as limiting employees’
ability to honestly discuss such subjects.
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12. Handbook Provisions
Conflicts of Interest
“Employees may not engage in any action that is not in the
best interest” of the employer.
Unlawful. The rule failed to state that it would not be applied to the
exercise of employee rights.
12
13. Handbook Provisions
Off-Duty Access
“Team members must leave the premises after hours. You
should only be on company property during your scheduled
work hours or for other authorized company business.”
Unlawful. A no-access rule for off-duty employees is valid only if it
limits access solely with respect to the interior of the premises and
other working areas, it is clearly disseminated to all employees, and it
applies to off-duty employees seeking access for any purpose and not
just employees engaging in union activity. In addition, a rule denying
off-duty employees access to parking lots, gates and other outside
nonworking areas is invalid unless sufficiently justified by business
reasons.
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14. Handbook Provisions
Prohibition on Use of Logos and Trademarks
“Do not use any Company logos, trademarks, graphics
or advertising materials” in social media postings.
Unlawful. Workplace rules must not prohibit employees’ fair
protected use of the employer’s intellectual property, such as using
the employer’s name and logo on picket signs, leaflets and other
protest materials.
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15. Handbook Provisions
Recording in the Workplace
Rule prohibited “taking unauthorized pictures or video
on company property.”
Unlawful. Restricting recordings could prevent employees from
engaging in concerted activities, such as posting a photo of
employees carrying a picket sign, documenting a health or safety
concern, or discussing or making complaints about statements
made by the employer or fellow employees.
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16. What Do We Do Now?
Review our ASAP and use it as a checklist to flag potential
land mines in your rules and policies.
Review any potentially ambiguous rules with knowledgeable
legal counsel.
Almost all allegedly overbroad rules can be clarified to meet
workplace requirements – spend time drafting corrections or
replacing old rules to account for the NLRA perspective.
Let us know if you have any questions.
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17. Background to the New Rule
• Current Rules:
– Median number of days from petition to election = 38 days
– Most elections scheduled by NLRB within 6 weeks
• New rules:
– Elections likely to be held within 2-3 weeks
• Union win rate continues
to climb:
– 2012: 63.2%
– 2013: 64.7%
– 2014: 68.0%
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18. 20152011 2012 2014
DECEMBER:
Final rule published
MAY
Federal District Court
invalidated first rule
FEBRUARY
NLRB re-issued NPRM
APRIL 14
Effective Date
2013
Ambush Elections:
A Brief History
APRIL
Public hearing
and
comments
given
DECEMBER
Final rule
published
JUNE:
NLRB initially released
Notice of Proposed
Rulemaking (NPRM)
re: new election rules
APRIL
Rule first went
into effect
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19. Key Changes:
Petition and Notice of Petition
• Petition likely emailed not faxed
• New Notice of Petition for Election posted
two business days from service by Region
– If not posted, can be grounds to set aside election
– Email distribution and electronic posting may be
required
• Practical Impact
– Check emails! Unsuspecting employers
could receive email service of Petition,
not read email timely and/or simply not
post Notice of Petition timely
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20. Key Changes: Statement of Position
• New Statement of Position
– Due one business day before hearing (hearing generally set
eight days after service of Petition and Notice of Hearing)
– Must identify all issues for hearing or waived
– Must include list of prospective included voters (as well as voters
to exclude) along with job classifications, shifts, and work
locations
• Practical Impact
– Issues for hearing must be analyzed immediately
and readied for hearing and disclosed to NLRB
– Union has list of employee names and work
info within about a week of filing Petition
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21. Key Changes:
Hearing and Post-Hearing
• Accelerated pre-election hearing (eight days after
Notice)
– No litigation of eligibility issues that are unnecessary to
determine if election is appropriate
– Generally, oral argument and no post-hearing brief
– No automatic stay of election to consider request for review
• Practical Impact
– Few issues will be litigated pre-petition, creating problems with
some voters potentially feeling disenfranchised and/or fractured
units
– Supervisory status potentially left unresolved, creating significant
problems for employers
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22. Key Changes: Voter (Excelsior) List
• Employers must provide voter list within two
business days of regional director’s
approval/direction of election (reduced from seven
days)
• In addition to names and home addresses, list must
disclose available home and cell phone numbers,
personal email addresses, as well as employees’
work locations, shifts, and job classifications
• Practical Impact
– Union organizers can quickly and easily
connect with employees
– Employers must have these comprehensive
lists accurately maintained and ready to go 22
23. Key Changes:
Post-Election Objections
• The Final Rule provides for an expedited
process for filing Objections to conduct
affecting an election:
– Objections and supporting evidence must be filed
within seven days of election
– Hearing scheduled within 21 days of election
• Practical Impact
– Post-petition, employers must be able to
immediately assess whether Objections should be
filed and assemble the company’s best evidence
before the week is out
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24. Possible Election Timeline Using New Rules
SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
1 2 3 4 5 6
Petition filed
Notice of
Hearing issued
Notice of
Petition posted
7 8 9 10 11 12 13
Statement of
Position filed
Pre-election
Hearing held
Decision and
Direction of
Election issued
Notice of
Election posted
(If 10-day
period for voting
list waived)
Voting List
filed
14 15 16 17 18 19 20
Election (If 10
day period for
voting list
waived)
Notice of
Election posted
(If 10-day
period for voting
list not waived)
21 22 23 24 25 26 27
Election (If
10-day period
for voting list
not waived)
28 29 30 31
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25. “Ambush” Elections:
Preparing for the New Reality
• Select and Develop a Rapid Response Team
• Ensure Effective Supervisory Training
• Analyze Potential Micro Units and Other Unit
Issues
• Determine Statutory Supervisors
• Update and Assemble Employee Data for
Lists
• Assess Methods of Communication for
Campaign and Communication Logistics
• Review Lawfulness of Company Policies
• Understand Potential Solicitation and
Distribution of Literature Issues
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26. “Ambush” Elections:
Preparing for the New Reality
• Conduct Vulnerability Assessments
– Ensure Employees are Treated Fairly and
there is No Favoritism
– Ensure Employees are Treated with Dignity
and Respect
– Ensure Robust Employee Appreciation
Programs
– Assess Supervisor / Manager Performance
– Ensure Effective Two-Way Communication and
Opportunities for Employee Involvement
– Ensure Consistent Application of Rules and
Policies
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27. “Ambush” Elections:
Preparing for the New Reality
• Ensure Employees Know Your Position
on Unions
• Ensure Supervisors and Managers are
Comfortable Stating the Company’s
Position on Unions
• Keep a List of Accomplishments –
Your Positive Track Record
• Ensure Employees Understand Value of
Wage and Benefits Package
• Do Your Homework on Unions Likely
to Target You
• Forge Relationships within Community and
Industry
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29. “Ambush” Elections
Have Arrived:
Are You Ready
Philadelphia?
April 10, 2015
Ben Huggett
Shareholder, Littler Mendelson, P.C.
TBHuggett@littler.com
Nina K. Markey
Shareholder, Littler Mendelson, P.C.
nmarkey@littler.com
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Editor's Notes
The stated target goal has been to hold elections within 42 days of the filing of an election petition. That is gone. Under the new rules, which are intended to speed up the process, the NLRB has been careful to say there is no goal (yet). They want to wait and see what experience tells them. The only statement is that it will be “the earliest date practicable.”
Initially it may take a little longer because Regions are not ready to handle an influx of petitions under new rules. This may be particularly true of Region 4 – they only held their staff training last week and their public information session this morning. But make no mistake, the goal is to reduce the time.
Win rate was at 80% for the 15 days in 2012 where employers voluntarily agreed to quick elections.
Brief history
As noted, in April 2012 there were 15 days of quick election petitions before the rule was vacated by the court because the Board did not have a proper quorum. But the unions did very well in those lections.
Current cases against the rules in the District of Columbia and Texas. Neither court has acted on requests to stay the effect of the rules. This may be a signal that neither court sees a likelihood of success on the merits for those opposing the rules. This time around the arguments harder because the NLRB took the intervening 2 ½ years to fix the issues from the first litigation. And the NLRB went through a full rulemaking process.
Also, although both the House and the Senate voted to utilize the Congressional Review Act to strike down the rules, the President vetoed the resolution on March 31.
The NLRB has created multiple forms for different types of elections – RC RD RM
The petition and Notice of Petition must be initially served by the union – not the Board.
The rules provide that if the Petition is electronically filed with the Board, it must be emailed to the employer. But there is no clear statement as to who must receive the email.
Notice of Hearing – served by Region. Usually same day as filing of Petition.
Dennis Walsh stated that Region 4 will have staff calling the employer and getting contact information as soon as possible related to the Notice of Hearing.
Distribution
If the employer regularly communicates with employees by email, then in addition to posting the employer must distribute the Notice of Petition via email.
If the employer utilizes intranet posting for regular communication with employees then it must distribute the Notice of Petition to employees that way too.
Must normally be submitted by noon the day before the hearing. Under the old rules employers were only required to submit a written statement after a hearing when all of the evidence was in.
Under special circumstances there can be a 2 day extension of time to submit the statement of position.
Under extraordinary circumstances there can be a 4 day extension.
In Region 4 they have already warned us that unavailability of your chosen lawyer will not usually be accepted as appropriate for delay.
NLRB has completed a couple of example position statements on their website. One is for a manufacturing facility, the other is for a nursing home.
There are 3 attachments which must be included
A list of requested voters – with names, job classifications, shifts and work locations
A list of included voters – those the employer wants added
A list of excluded voters – those the employer knows
Employer must serve the union with the statement of position and attachments
Without list – (a) excluded from contesting the appropriateness of the proposed unit
(b) Challenging eligibility of any individual based upon classification
The general counsel’s memorandum on the modern election procedures released last week notes that the postponement of the hearing, does not postpone the position statement. There must be a separate request for that.
If there is a stipulated election agreement, then neither the statement of position or the lists of employees included and excluded are due at this early date.
No litigation of eligibility
Is quality control clerk part of the unit or not
Is the lead or foreman a supervisor or not
There is no formal percentage in the rules, but the GC memo non-mandatory 20% threshold. If edibility issues raised in the petition do not affect 20% of the unit, then they will not be considered necessary to determine if an election is appropriate.
Dennis Walsh – Region 4 will generally follow 20%
Now there are unnecessary hearings – those where the margin of victory is greater than the number of challenged voters
The old Excelsior Underwear case is now gone, the requirements have been established in the rules.
The list is an expansion of the statement of position list of eligible voters – plus
Home phone number
Cell phone number
Personal email
- not work email
“Available” is undefined. Employer may have a home phone number somewhere in its records but not in an electronic database. A supervisor may have a cell phone list so that she can call around to cover overtime, but not maintain the numbers electronically.
It has be e suggested that if the numbers are not “used by” the employer then they would not be considered available.
Dennis Walsh – available is anything the employer has. Even if it is just one manager’s records, those must be provided even if incomplete.
Does not include company email or company provided cell phones – even if personal messages sent or calls made
Old rule – file objections – then 5 days later file evidence. Now both must be filed at once. Basically, be ready to put on a full case within 7 days.
If information is not included it will be excluded.
The goal with this slide is to connect all the dots and show what the new procedure looks like. There are variables, but generally it should look like this.
As shown, it is very easy to get an election in 22 days. The 6 week cooling off period of the old rules allowed for less emotional dialogue. Now the initial zeal of a petition may carry straight through the election day without thoughtful discussion.
I want to draw your attention to the 16th day, that could be the day of the election if the union waives the 10 day period for having the eligibility list. This is a really short time to communicate the company message to employees. Especially if the company operates on unusual schedules.
The reality is a really short time. What do you do when you don’t have 6 weeks to respond?
Team. You may have a good general HR or labor group for normal business, but this is anything but normal. We strongly recommend you select and train your team.
Supervisor training. What are the Do’s and Don’ts for a campaign. TIPS – FOE If supervisors are not familiar with this it will take time tot rain them and they may clam up because they are not used to it.
Vulnerability analysis. It is important that employers not just analyze general vulnerability. Unions are using micro units so employers must know those issues. And prepare arguments related to appropriate units.
Superviors – know the status of your foremen and leads now.
Employee lists – prepare now. Even if you could do it later, that could be time spent winning hearts and minds, not on admin.
Campaign communications planning. Lanugage for letters. Meetings and groups of attendees. Some company’s are planning whole 11 and 21 day campaigns. We recommended a minimum 72 hour pre paln. The first letter. The first meeting.
Policies – as Nina covered. There will be no time to correct, and it will be too late.
Understand the solicitation policy. Employers cannot implement a policy once organizing begins, it must be in place. And it is better if supervisors are already trained and know how to respond.
The basics of positive employee relations.
Dignity and Respect – the union will be promising that the employees will have a voice, that they will be treated with dignity and respect. Those statements from the union may have a lot less impact if they have heard it from the company first.
Proactive activity will help manage time if a petition is filed unexpectedly.
Company position – in orientation, statement in a handbook, somewhere set out why the company thinks union-free is important
Not a natural conversation, must teach managers and supervisors and get them comfortable with the conversation
Bragging points – not normal conversation. But it is the work that they do and they should be proud of it. Talking about it now is easy.
Employees often do not know the value of what the Employer is investing in them. It is illegal to enhance it, but you can explain it. And it feeds into talking about what is at risk in collective bargaining.
Know the unions. They will know you.
Relationships in the community are important. An overall positive view of the company cannot hurt with a campaign.
Will unions be filing a lot of petitions tomorrow (4/14)?
It does seem that the number of petitions have slowed through March and April. We do think it is very likely that there will be a flurry of petitions filed tomorrow as unions seek to take advantage of shorter time frames and unprepared employers.