the biggest signs union activity is afoot: what should you do about it?
DESCRIPTION
The Biggest Signs Union Activity is Afoot: What Should You Do About It?. March 26, 2014 Presented by: Dan Handman Steve Hirschfeld Carmen Plaza de Jennings. Speakers. Dan Handman, Partner, Santa Monica Steve Hirschfeld, Partner, San Francisco Carmen Plaza de Jennings, Partner, - PowerPoint PPT PresentationTRANSCRIPT
March 26, 2014
Presented by:Dan Handman
Steve HirschfeldCarmen Plaza de Jennings
The Biggest Signs Union Activity is Afoot: What Should You Do About It?
Speakers
Dan Handman, Partner, Santa Monica
Steve Hirschfeld, Partner, San Francisco
Carmen Plaza de Jennings, Partner,San Francisco
Introduction
New Union Organizing Tactics
• Targeting low-level supervisors / leads / forepersons
• Corporate campaigns• Email and Internet communication• Class action lawsuits• Card check / neutrality agreements
What Causes Employees to Seek a Union
Conditions Causing Union Organizing• Uncompetitive pay and benefits• Unsafe working conditions• Perceived unfair treatment by managers
What Causes Employees to Seek a Union
The Biggest Cause of Union Organizing – Perceived Unfair Treatment by Managers• Look for packs of disgruntled employees• Need to understand cultural differences• Use your open door policies• Train your managers• 360-degree surveys
Unhappy Employees – The Golden Rule
DO YOUR EMPLOYEES FEEL COMFORTABLE TALKING TO THEIR MANAGERS?
• In a union campaign, you want your managers presenting your position. If
they are not liked by employees, you will be at a disadvantage.
What Causes Employees to Seek a Union
Are Your Pay and Benefits Under Market?• Salary survey• Prevailing wage rates from U.S. DOL• Healthcare: take a look at the minimum
levels of coverage under ObamaCare. Are you doing better?
• 401(k), pension
The NLRB’s New“Quickie Elections” Rule
The NLRB’s New “Quickie Elections” Rule
If enacted, the new election rules would:Compress election timelinesRequire a pre-evidentiary Statement of PositionRequire the pre-election hearing to be held 7 days from the
date of service of the Notice of Hearing and the Petition
Eliminate the right to file a post-hearing briefRequire that major election issues be resolved after the
electionRequire preliminary voters list to be provided to the UnionImplement Electronic Filings
Signs Union Activity Is Afoot
The 20th Century Signs
•Increased complaints from employees•Employees complaining about different topics•Finding employees in places they don’t belong•Disgruntled employees becoming popular•Employees avoiding speaking to managers, changing topics, speaking in private when a manager comes around
More 20th Century Signs
• Group complaints about wages, benefits, managers
• Talking about seniority, loyalty or other union-related topics
• Union buttons
The 21st Century SignsSocial Media: Complaints about the
company,managers, pay practices, benefits on
Facebook, Twitter
- Are you “friends” with any non-supervisors on Facebook.
- Are other supervisors “friends”- When, if ever, can you compel
employees to share social media posts
The 21st Century Signs (continued)Union E-Mails: This will be the next
domino to fall at the NLRB- Unions will send around unsolicited e-
mails to your employees - Can you block the e-mails?- Can you have a no solicitation policy
apply to e-mails?
A Brief Note onSurveillance and Interrogation
Surveillance of Employees is Prohibited•Following, monitoring employees•Interrogation•Why are you meeting offsite?•What are you talking about behind my
back?
The NLRB’s “Micro-Units” Rule
The NLRB’s “Micro-Units” Rule
The Specialty Healthcare Framework, 357 NLRB No. 83 (August 26, 2011)
• The NLRB will find a petitioned-for unit to be appropriate despite a contention that employees in the unit could be placed in a larger unit which would also be appropriate or even more appropriate unless the party so contending demonstrates that employees in the larger unit share an overwhelming community of interest with those in the petitioned-for unit.
The NLRB’s “Micro-Units” Rule
The NLRB’s Recent Use of “Micro Units”
•Neiman Marcus Group, Inc. d/b/a Bergdorf Goodman,02-RC-076954 (2012)
•Fraser Engineering Company,359 NLRB No. 80 (2013)
Lessons Learned• Create positive work environment• Consider employee surveys
• Strengthen management team through training
• Review solicitation / distribution, electronic communication and social media policies
• Employee participation groups / works councils
• At-will just cause• Binding internal grievance procedure
Conclusion and Wrap-UpDan Handman310.255.1820
Steve Hirschfeld415.835.9011
Carmen Plaza de Jennings415.835.9012