SCCE Annual Conference 2009 - SCCE Official Site · • The employee’s point of view • Impact...

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Does your learning make a

difference?®

Strengthening

Employee

Relations™

EFCA: Just One More Reason

for…

STEPHEN PASKOFF, ESQ.

President and CEO, ELI®

© Copyright July 2009 • Employment Learning Innovations, Inc. • All rights reserved • Atlanta, Georgia

Presentation Summary• An overview of the issues

• A behavioral approach

• The employee’s point of view

• Impact of unions on today’s

workplace

• Overview of the Employee Free

Choice Act (to be updated as the

proposed law changes)

• The solution: Strengthening

Employee Relations™

STRENGTHENING EMPLOYEE RELATIONS™

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The Behavioral Approach• Business success depends on the

behavior of leaders.

• Leader behavior increases employee

satisfaction, which ultimately

impacts the business mission.

• Leader behavior decreases

the risks associated with

employee dissatisfaction,

including legal risks.



Critical Leadership

Behaviors• Understand their role

• Act as a role model prior to claims

arising

• Welcome and listen to concerns

• Respond to concerns

• Follow up with employees

• Be able to explain legitimate,

business-related criteria for

decisions

• Avoid behavior that leads to

perception of unfair treatment


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The Employee Point of

View• Mistrust of management

• Feeling that they can’t raise concerns

or that concerns aren’t heard or

addressed

• Lack of clearly defined rules

• Lack of consistency

• Desire for increased wages and

benefits

• Desire for increased job security



Impact of Unionization

• Third-party review of business

decisions

• Decrease in managerial autonomy and

authority

• Less ability to work with employees on

an individual basis

• Polarization between management and

non-management

• Increased operating costs

• Decreased loyalty to company


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Proposed EFCA Overview

• Changes how

unions are

certified

• Mandatory binding

arbitration to

settle

negotiation

disputes

• Increased

penalties

and fines



Proposed EFCA Overview

• Changes how

unions are

certified

• Mandatory binding

arbitration to

settle

negotiation

disputes

• Increased

penalties

and fines


NEWS FLASH!

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• As of late July, the news from Capitol

Hill is:

– Card check will be scrapped

– Elections will be expedited

– Arbitration imposed when negotiations

fail

– Penalties under review

– More to follow

EFCA News Flash


Current Certification

Process• Union collects signatures from 30% of

employees on authorization cards

• Union petitions for an election

• Campaign period where union and

employer can present information to

employees and answer questions

• Secret-ballot election monitored by

NLRB

• Union certified if more

than 50% vote “yes” to union


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New Certification Process

Under EFCA• As of late July, this has been removed

from the proposed legislation.

• But as originally proposed, the

process would be the following:

• Union collects cards signed by 50% plus 1 of

the bargaining unit employees

• Union is certified

• No prior notice to employer necessary

• No open campaign period

• No secret-ballot election



New Negotiation Process

Under EFCA

• Negotiations must begin 10

days after certification

• Mediation can be requested

by either party only 90 days

after negotiations begin

• If mediator cannot resolve

after 30 days, all disputes

must go to arbitration panel

• Decisions by panel are

binding for 2 years


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Increased Penalties Under

EFCA• Fines of up to

$20,000 for certain

unfair labor

practices

• Triple back pay

damages for

employees

discharged in

retaliation for an

employee’s

organizing

activities



The Bottom Line

• EFCA increases risks

• Managers need behavioral skills and

baseline knowledge as to why these

skills matter

• Start educating managers

NOW


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Critical Foundation for

Managers• Understand their role as leaders

• Act as a role model prior to problems

arising

• Understand what to do when problems

happen

• Appreciate key legal

liabilities




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Values, Behavior, Culture



Values, Behavior, Culture


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Contact ELI®

• Call (770) 319-7999 or (800) 497-7654

• E-mail [email protected]


STEPHEN PASKOFF, ESQ.

PRESIDENT & CEO, ELI®

SCCE Annual Conference 2009 - SCCE Official Site · • The employee’s point of view • Impact...

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