Ambush Election Update and Strategies · Ambush Election Rule –Current Legal Challenges...

Ambush Election

Update and Strategies

Presented by

1

Presenters and Program

Atty Alan Kaplan

Masuda, Funai, Eifert & Mitchel Ltd.

Legal Updates, Legal Options and Interpretation of the Ruling (including, the impact on Decertification)

Elizabeth Milito, Esq.

National Federation of Independent Business (NFIB)

Congressional update, status of private sector legal action

William Lulias

Senior Labor Relations Consultant for EMSI

(Ex-High Ranking Union Official)

The Union’s game plan

Edgardo Villanueva

President, EMSI Consulting

Action Steps and Practical Advice for your work place

Conclusion and Q & A’s

Moderator

Edgardo VillanuevaEMSI Consulting

2

Masuda, Funai, Eifert & Mitchell, Ltd.

Full-service business law firm representing managementin the manufacturing, warehousing, service and healthsectors

Labor relations practice to represent the interests ofmanagement to maintain and expand needed flexibilityto achieve business goals

Union vulnerability analysis and avoidance strategies

Union-free/pro-company campaigns

Representation before the National Labor RelationsBoard and in court

Collective bargaining negotiations and strike planning

Grievance/arbitration proceedings

3

Unions Current

Win Rate In

NLRB Elections

66%4

5

The Iceberg Principle

Traditional Union

Activity

5

What Hasn’t Changed Under the New Rules?

Filing of petition with the NLRB – 30% of unit

Pre-election hearing or election agreement to determine:

Definition of unit

Supervisory status of leads

Eligibility of employees

Winner needs 50% +1 of those voting

Hearing and decision on objections and challenges

6

As of April 14 - Quickie/Ambush Election Rules

From 42 to as little as 10-14 days for an election

Eliminate 25-day waiting period between regional

director’s decision and election

No automatic stay of the election

Requests for Review only if there are compelling

reasons

Decide pre-election issues after the election

What Has Changed Under the New Rules?

7

Other Changes

Immediately serve petition on the employer or

union

Immediately file authorization cards (30%)

Post Notice of Petition for Election

File initial employee list (100%) with names,

jobs, shifts and work locations

Limit issues at hearing

No automatic stay of the election

8

You MUST Be Ready!

9

An Old Expression…….“What’s Good for the Goose, is Good for the Gander”

• Can this ruling help the process of decertifying

a union?

YES! (subject to NLRB interpretation)

• If your unionized employees are DISSATISFIED

with their union, a “Quickie Election” could

lead to a union free work place!10

CHICAGO

203 North LaSalle StreetSuite 2500Chicago, Illinois 60601-1262

LOS ANGELES

19191 South Vermont AvenueSuite 420Torrance, California 90502-1051

SCHAUMBURG

200 North Martingale RoadSuite 800Schaumburg, Illinois 60173-5485

www.masudafunai.com

Alan M. KaplanEmployment, Labor & Benefits Practice Group

akaplan@masudafunai.com

11

The NFIB is the leading small business association

representing 350,000 small and independent businesses

nationwide. A nonprofit, nonpartisan organization founded

in 1943, NFIB represents the consensus views of its

members in Washington and all 50 states

About The NFIB (National Federation of Independent Business)

Elizabeth Milito

Chief Executive Counsel, NFIB

12

National Labor Relations Board

An actual Facebook post….

“This place is a hell

hole. If I had a car

today I would up and

quit.”

13

Ambush Election Rule ‘in a nutshell’

Shortened timeframe of 10-14 days (right now it averages 37 days)

Employers will have MUCH less time to campaign prior to a representation election

14

Ambush Election Rule – Current Legal Challenges

Legislation by Senate and House – SJ Resolution 8

Litigation by various industry groups:

D.C. lawsuit filed by U.S. Chamber of Commerce, NAM, SHRM, CDW and NRF

Texas lawsuit filed by ABC and NFIB

15

Ambush Election Rule – Impact on Employers

Shortened timeframe of 10-14 days

Employers will have to scramble to obtain legal counsel and

will have little time to talk to their employees

Potential to increase litigation as employers will make all

possible objections to avoid preclusive effect of new rules

Voter list will include detailed personal employee contact

information (emails, etc.)16

Elizabeth Milito, EsqChief Executive Counsel

elizabeth.milito@nfib.org

or

202-406-4443

NFIB

1201 F Street NW, Suite 200

Washington, DC 20004

NFIBThe Voice of Small Business

17

William (Bill) Lulias Senior Labor Consultant, EMSI Consulting

Ex- High Ranking Union Official

Lulias@emsiconsulting.com

18

19

Unions are desperate for NEW Members and will be

taking advantage of the new rules20

How are Unions Preparing for April 14TH?

Salting

Social Media Tactics

Recruitment and Training of new organizers

Community Organizing (work centers)

21

Edgardo VillanuevaPresident, EMSI Consulting

Edgardo@emsiconsulting.com

Over 32 years of working with Management to

promote a more positive, Union Free workplace.

22

Money- Higher pay , Inconsistent pay practices

Benefits - New benefits, Increased expenses, lost benefits.

Unsafe work conditions - Accidents, lack of safety gear

Job “Insecurity”- Lay-offs, Random (unfair) firings, Creating “martyrs”

Lack of respect for Seniority - In Pay, promotions, lay-offs

Poor communications - Overtime / Schedule, Policy changes

Discipline - Inconsistency, Favoritism

Lack of promotions - No upward mobility

No attention to personal problems - Lack of flexibility or compassion

“If you don’t like it, there’s the door”

Top 10 Reasons People Turn to a Union

23

Action Steps

Know Your People

Know Your Leadership Team

Know Your Company

Know Your Rights

24

A Typical Campaign – Under the Current Rules

Week 1- Planning, Scheduling, initial voter profiles, Supervisor and Management

“Do’s & Dont’s” Meetings, Employee ICE Breaker Meetings, etc.

Week 2 – Union Finances and Rules

Week 3 – Collective Bargaining

Week 4 – Strikes

Week 5 – Election Details and Final Speeches

AND MUCH, MUCH MORE…………

??? How do you fit ALL this in 10-14 days???

25

The “Purple Communications Ruling”

In house union organizers can now use your internal email system to communicate the Union’s sales pitch to your workforce.

In Addition…..

Question – Are your current email and

social media policies up to date?

26

Some Thoughts About Decertification

If your employees have voluntarily expressed their dissatisfaction with

their union representation....

Listen for the MAGIC WORDS

“How Do We Get Rid of This Union?”

There are 2 Legal Ways to Decertify

RD – Employee Driven Effort

RM – Management Driven Effort

Deauthorization is another option to explore27

CHICAGO

203 North LaSalle Street

Suite 2500

Chicago, Illinois 60601-1262

LOS ANGELES

19191 South Vermont Avenue

Suite 420

Torrance, California 90502-

1051

SCHAUMBURG

200 North Martingale Road

Suite 800

Schaumburg, Illinois 60173-

5485

www.masudafunai.com

Alan M. KaplanEmployment, Labor & Benefits

Practice Group

akaplan@masudafunai.com

NFIBThe Voice of Small Business

Edgardo VillanuevaPresident

Edgardo@emsiconsulting.com

William LuliasSenior Labor Relations Consultant

Lulias@emsiconsulting.com

CHICAGO

1340 N. Astor St.

#2205

Chicago, Illinois 60610

LOS ANGELES

1402 Blenbury Dr.

Diamond Bar, California

91765

SARASOTA

5591 Cannes Cir

#203

Sarasota, Florida 34231

www.emsiconsultinginc.com

Elizabeth MilitoChief Executive Counsel

elizabeth.milito@nfib.org

Washington D.C.

1201 F. Street NW

Suite 200

Washington, DC

20004

www.nfib.org

28

Q & A’s

Thank You for Attending!

29