The NLRB's Expedited Election Rules: Are you prepared or vulnerable?

The National Labor Relations Board’s Expedited Election Rules© TNS 2015

The National Labor Relations Board’s Expedited Election Rules

Are You Prepared or Vulnerable?

2556-15


Chris JohlieVeteran Labor Law Attorney Partner

Franczek Radelet P.C.

312.786.6152

[email protected]

Presenters

Michael Schroeder Veteran Organizational Consultant

CEO

TNS Employee Insights

847.726.4040 x232

[email protected]


1. Background

2. Expedited Election Rule Discussion Points

3. Preparing a Rapid Response Plan

4. Developing a Union-Free Strategy

Agenda


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7

NLRB Election Rules


Background

Review the new election rules

Impact of the new rules

Planning tips

Discussion Points


Background

Context:

RC petitions/elections Filed by unions to determine whether

employees want a union

Most common election

NLRB conducts around 1300-1400 RC

elections/yr

Union win rate consistently around 60-70%

Median time from petition to election

38 days in “agreed” cases (91% in

2014)

60 days in “contested’ cases (9% in

2014)


Union Win Percentage by Campaign Days, RC Elections 2004-2014

61% 60%

72%78%

86% 89%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

43 or more

days

36 - 42

days

29 - 35

days

22 - 28

days

15 - 21

days

1 -14 days

Source: LRIRightNow.com | ©2015 Labor Relations Institute, Inc. | LRIOnline.com


Background

Was change

necessary?

Doesn’t matter now…

Three NLRB members thought

we needed a change, so we’ve got change.


Background

Overhauls the NLRB representation election procedures

Effective April 14, 2015

Immediately challenged in federal court

NLRB FAQs -http://www.nlrb.gov/resources/faq/2015-representation-case-procedures


Election Rules Review

Greater use of electronic filing

Petitions

Showing of interest

Notices

Position statements



Streamlined pre-election process Hearing begins 8 days after notice

served

Employers must identify issues before hearing

Statement of Position

Short timeline

7 days to prepare

File day before hearing

Risk of waiver

Post-hearing briefs discretionary



Streamlined pre-election process

Potential to defer voter

eligibility issues

Rule eliminates 25 - 30 day

post-hearing appeal period

Shift disputes/challenges to

post-election proceeding



Voter List (f/k/a “Excelsior” List)

List of eligible voters

Within 2 business days (down from

7) of RD decision or stipulated

election agreement

Must include: name, home address,

job classification, shift, work location,

“available” personal phone (including

cell phone) and personal email

address

Union has 10 calendar days to review

before election, but can waive



Bottom line:

Lots of technical changes

Result:

Quicker elections


Impact – Average Days from Petition to Election

39 39

2522

April 14 - May 14 May 15 - June 15

2014 2015

YEAR FILED

DAYS

DAYS

DAYS

DAYS


Impact – Number of RC Petitions Filed

202 192

394

266

193

459

April 14 - May 14 May 15 - June 15 Total April 14 - June 15

2014 2015

YEAR FILED


Impact – Election Results

69%

31%

April 14 – May 14, 2015

68%

32%

April 14 – May 14, 2014

64%

36%

Fiscal Year 2014

Union Won No Union


Planning

Challenges Identifying issues before hearing

Voter eligibility issues may not be

resolved

Who is a supervisor?

What does the voting unit look

like?

How do you campaign?

Voter list – more information in less

time


Are you talking to your employees right now about unions?

Can you?

Of course you can

Should you?

That depends…

#1 Challenge:

Less time to communicate

Planning


Planning

Response planDo you know what to do if…

You see the first sign

of organizing?

A petition is filed?

Do you have a

communications plan?

Do you know who your

supervisors are?

Have you trained your

management team?


Planning

Building the Plan Develop message and

communication modes

Identify rapid response team

(internal and external)

Assign responsibilities to team

members in the event of card

signing or receipt of a petition

Develop protocols for

vulnerability/risk assessment

Train for “go live”


Planning

Plan Components Notice protocols

Compile information

Recent history of relevant events

Information about union

Unit analysis, including

supervisory issues

Update management on legal

guidelines, do’s/don’ts, policies,

talking points


Planning

Plan Components Comprehensive assessment of

union support

Communication with NLRB

Communication (timing, form,

content)

Employees

Customers and vendors

Media

Operations requirements/plans

Campaign calendar

Response to hand-billing or

picketing


Planning

Prevention is the

best plan…At that critical moment when your

employee is confronted by a union

representative or supporter and

given a union card, your employee

is educated, committed, invested

and loyal enough to firmly choose

the company instead of the union,

and just says no.


TNS Vulnerability Summary


Issues Often Found To Be Predictive

Management mistrust; lack of respect

Lack of voice; concerns can’t be raised or heard

Lack of fairness/consistency

Recognition

Opportunity for growth and development

Wage and benefits

Job security

Safety and work conditions


TNS Action Planning Prioritization ModelBased on Motivation & Commitment Research

Advanced

AlignmentAcceptance

Confidence in Senior Leadership

Mission, Goals & Values

A

Intermediate

TeamworkCooperationCareer Development

Communications

CapabilitiesCompensation & Benefits

I

Basic

The JobEnvironmentCompetent Supervisor

Feedback/Coaching

Recognition

B


Set target goals for leaders, managers, and supervisors to achieve on current and future employee surveys

TIP: Set Target Goals


Action Planning and Tracking to Ensure Accountability


NLRB Next Steps…

Assess your organization for vulnerability via employee survey

The cost is $5:

Per employee for survey and all reporting

Includes large and small groups (5 people or more)

Integrate survey data with leader skills and union activities in each area

Share data with department and facility leaders for post survey action planning

Provide all leaders with pyramid suggestion for action planning focus

Provide extra support for “red zone” leaders

Repeat process for trends and leadership development


It’s easy for unions to gain employee information and access to employees

TIP: Protect Your Confidential Information


Tell employees why it’s an advantage to be union-free

Be prepared to answer the question “Do we need a union?”

TIP: Create and Communicate a Union-Free Policy


TIP: Ensure that you are in compliance with all state and federal laws I-9 Forms

Wages

Safety

Workers’ Compensation

Equal Employment, including Harassment and Retaliation


Fundamental Objective

“At that critical moment when the employee is confronted by a union representative or supporter, and given a union card or an NLRB election ballot, each individual employee will be committed, invested and loyal enough to firmly choose the employer instead of the union, and just say no.”

TIP: Create the Right Environment


Get and keep good people

Establish competitive compensation and benefits

Maximize job security

Total communications planning and employee recognition

Integrate all languages/cultures/lifestyles

Maintain a healthy and safe working environment

Build personal relationships of credibility, trust and mutual respect

TIP: Create the Right Environment


How Engaged are Your Employees?

If an average company were a 10-person bicycle, statistically speaking:

• 2 employees are peddling with all their hearts

• 4 are peddling most of the time

• 2 are just along for the ride, pretending to pedal

• 2 are slamming on the brakes

According to TNS global research about 60% of employees are engaged in their work.


What is Employee Engagement?

Definitions differ, but most believe it is:

• Pride in the company • Belief in the company mission/values/direction• Trust in leadership and manger• Desire to work hard and give extra to their job• Willingness to recommend the company to others


Observing Disengagement

They are more likely to:

Take more time off Waste time on the job Steal Negatively influence co-

workers Drive customers away Vote for a Union

Actively disengaged employees cost the US economy ½ a trillion dollars per year or more


Employee Engagement Tips BookletAt last, a truly great employee engagement tips booklet you can use! Written by our professional staff, we provide tried and true methods on how to engage employees.


Presenters

Chris JohlieVeteran Labor Law Attorney Partner

Franczek Radelet P.C.

312.786.6152

[email protected]

Michael Schroeder Veteran Organizational Consultant

CEO


847.726.4040 x232

[email protected]

The NLRB's Expedited Election Rules: Are you prepared or vulnerable?

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Transcript of The NLRB's Expedited Election Rules: Are you prepared or vulnerable?