This document discusses the proposed Employee Free Choice Act (EFCA). It provides an overview of what EFCA is and how it could change the union organizing and bargaining process if passed. Currently, unions must get 30% of employees to sign cards to trigger a secret ballot election process. EFCA would allow unions to bypass elections if they obtain cards from over 50% of employees. It would also impose binding arbitration if negotiations fail within certain timeframes. The document outlines concerns that EFCA could eliminate the secret ballot process and employees' ability to vote on contracts. It provides recommendations for supervisors to educate employees and maintain positive employee relations in light of potential EFCA changes.
2. 2
Objectives
• Review proposed changes to NLRB
process under EFCA
• Share recommendations for next steps
• Provide presentation format to modify and
share with your leaders
3. 3
What it is today…
• Being considered as part of the agenda for the
first 100 days of Obama administration
• Amendment to the National Labor Relations Act
• Will end employees’ right to a secret ballot
election for or against union representation
• Could Impose an arbitrator’s collective
bargaining agreement on employees and
employers if the parties cannot agree to terms
• Strengthens penalties against employers for
Unfair Labor Practices during the card signing
campaigns
4. 4
Current Outlook
• Passed the House in 2007 by a wide margin and
stalled in the Senate
• It is Big Labor’s number one legislative priority
• President Obama has committed himself to the
proposal and passing the house is virtually
ensured
• Outlook in Senate is less certain but looking
more possible
• Secretary of Labor Elect position uncertain
5. 5
Why is it big labors #1 legislative Priority?
0
5
10
15
20
25
30
35
40
1935 1945 1955 1965 1975 1985 1995 2007
Percentage of Unionized U.S. Workforce – Private Sector
7. 7
Current Process Under the NLRA
Organizing Petition Election
Bargaining
and
Negotiations
• Union approaches employees for support (usually
through union cards)
• Once enough support is gained (requirement is 30%
signed cards) the Union can file a petition with the
NRLB
• Employer communications with employees
• Secret-ballot election
• Good faith negotiations
9. 9
Election/Certification process is Different
NLRB is precluded from holding elections if union requests certification upon
achieving card majority – Card signing becomes a critical step
First official notice will be notification from the NRLB of Union Certification
– No guaranteed opportunity for all employees participate in the process
– “pre-election” Risk of pressure tactics and misrepresentations by
organizers
– No opportunity to communicate with employees
Organizing
“Card
Check” or
“Quickie”
Elections
Petition Election Bargaining
10. 10
How will unions get employees to sign cards?
Pay for performance / Organizing Incentive
Programs
$5.00 per authorization card obtained during the
organizing campaign, paid to the person obtaining the
card
$10.00 per authorization card at the successful
conclusion of a card check or successful conclusion
of an NLRB election, paid to the person originally
obtaining the authorization card
$15.00 per authorization card (signed prior to the
successful card check/NLRB election) at the point
that the contract is negotiated and approved, paid to
the person originally obtaining the authorization card
11. 11
Bargaining Process is different
10 day window to commence bargaining
90 days after bargaining commences either party may request mediation by they Federal
Mediation and Conciliation Service
30 days after the request for mediation, the Service will refer the matter to an arbitration
board which will render a decision settling the dispute. The decision will be binding upon
both parties for two years.
Employees lose the ability to vote on contract terms
Penalties for employers increase significantly
Organizing
“Card
Check” or
“Quickie”
Elections
Petition Election Bargaining
14. 14
Proactive Approach
• Review/examine/communicate management of relevant
company policies. For example non solicitation, bulletin
board posting etc.
• Maintain/Promote/Continue your focus on Positive
Employee relations
• Educate company leaders about the Employee Free Choice
Act and its implications
• Train your supervisors to recognize and respond – quickly
and effectively - to the earliest warnings of union card
signing activity
• Inform your employees and new hires of the dangers of
signing a union card, and explain the advantages of a
direct relationship
15. 15
Pro-active Practices
– Building supervisory/leadership skills
• Provide the personal Touch
• Know your team
• Communicate
• Respond to employee concerns vs. reacting
• Build relationships with employees
– Continue to build trust
– Be honest
– Be consistent
• Be sure they understand the non solicitation policy,
bulletin board posting policies and know how to
respond to violations in a positive manner
16. 16
Pro-active Practices
• Weekly Informational and participative
meetings
– Information sharing about EFCA and unions
» What is EFCA?
» What would EFCA mean for our workplace?
» Conflict Management regarding unions or EFCA
» Updates on the status of the legislation
– Participation
» Supervisors bring up situational leadership issues
and brainstorm positive language
17. 17
Pro-active Practices
• Educate Employees
– Review employee survey data and responses to their
feedback
– Help them understand their benefits
• Wages
• Single digit increase in health care costs for five straight
years
• 401(k) and Profit sharing match
• Flexible time off policy
– Review current processes in place to help them get
resolution to their issues, and have their ideas heard
and respected
18. 18
Pro-active Practices
Educate Employees
– They may be approached by union organizers supporters, anywhere
even off site and there will be increased pressure to sign authorization
cards
– Show them what a signature card looks like
– Signing the card may be presented in conjunction with other important
employee concerns and unions could infer things like Universal Health
Care could be a positive outcome of the union, when in fact all issues
related to pay benefits….
– What they will loose is the right to a private vote.
• If EFCA passes in its current form– a private vote is no longer required to
hold an election, therefore Union certification will only require 51% of
employees to sign a card, the other 49% our out of luck
– Could loose their voice when voting on labor contract – contracts can be
formed by the arbiter with no ratification vote that will impact .
– ~2 1/4 hours of pay per month Union dues
– Share their rights as non-union employees
• Self-representation
• Participation in decision making
21. 21
Objectives of our meeting
• Discuss the Benefits of working at Blyth
(your company name here)
• Share information regarding new piece of
labor legislation called “EFCA” or the
Employee Free Choice Act
• Share next steps for you as leaders
• Share resources and support available to
you
22. 22
Our Company Believes
• We believe in treating each other with respect and
fostering an atmosphere of caring, open communication,
and candor
• We believe in maintaining positive relations with our
employees through open dialogue, valuing their
contributions and recognizing their work
• As a team member, you will be a contributor to our
success, no matter what your role is. In return, you can
expect to join a winning organization that really cares
about its employees. Our core value system is based on
fairness and mutual respect. We believe in offering a
positive working environment where employees and
management work together by engaging and focusing on
meeting our strategic goals
23. 23
Our Benefits
• Competitive Benefits
– Single Digit increases in medical costs for
past three years (nationwide trend 11 – 13
percent increases)
– Competitive 401K
• Accelerated vesting time
• Dollar for dollar on first 1% and .50 on the next 5%
– Net 3.5% matching with 6% contribution
– Profit Sharing between over 2% in last three
years
25. 25
What it is today…
• Being considered as part of the agenda for the
first 100 days of Obama administration
• Amendment to the National Labor Relations Act
• Will end employees’ right to a secret ballot
election for or against union representation
• Could Impose an arbitrator’s collective
bargaining agreement on employees and
employers if the parties cannot agree to terms
• Strengthens penalties against employers for
Unfair Labor Practices during the card signing
campaigns but not for unions
27. 27
Current Process Under the NLRA
Organizing Petition Election
Bargaining
and
Negotiations
• Union approaches employees for support (usually
through union cards)
• Once enough support is gained (requirement is 30%
signed cards) the Union can file a petition with the
NRLB
• Employer communications with employees
• Secret-ballot election
• Good faith negotiations
29. 29
Election/Certification process is Different
NLRB will not be able to hold secret ballot election if union requests certification
upon achieving card majority – Card signing becomes a critical step
First official notice will be notification from the NRLB of Union Certification
– No guaranteed opportunity for all employees participate in the process
– Risk of pressure tactics and misrepresentations by organizers
– No opportunity to communicate with employees “pre-election” to help them
understand the impact of their signature
Organizing
“Card
Check” or
“Quickie”
Elections
Petition Election Bargaining
30. 30
How will unions get employees to sign cards?
Pay for performance / Organizing Incentive
Programs
$5.00 per authorization card obtained during the
organizing campaign, paid to the person obtaining the
card
$10.00 per authorization card at the successful
conclusion of a card check or successful conclusion
of an NLRB election, paid to the person originally
obtaining the authorization card
$15.00 per authorization card (signed prior to the
successful card check/NLRB election) at the point
that the contract is negotiated and approved, paid to
the person originally obtaining the authorization card
31. 31
Bargaining Process is different
10 day window to commence bargaining
90 days after bargaining commences either party may request
mediation by they Federal Mediation and Conciliation Service
30 days after the request for mediation, the Service will refer the
matter to an arbitration board which will render a decision settling
the dispute. The decision will be binding upon both parties for
two years
Employees lose the ability to vote on contract terms
Penalties for employers increase significantly
Organizing
“Card
Check” or
“Quickie”
Elections
Petition Election Bargaining
32. 32
Things to be aware of
• Your team members may be approached by union organizers supporters, anywhere even off site
and there will be increased pressure to sign authorization cards
• Let them know that signing the card may be presented in conjunction with other important
employee concerns and unions could infer things like the opportunity for job security, or to have a
voice to have a union
– They currently have the opportunity to elect a union using a secret ballot
– Job security is typically not covered as part of the collective bargaining agreement with a
Union. Union contracts typically cover issues related to daily issues, wages, hours and
conditions of employment. Keep in mind these will be negotiated.
• Employees will loose the right to a private election and vote free from coercion
– If EFCA passes in its current form– a private vote is no longer required to hold an election,
therefore Union certification will only require 50% +1 of employees to sign a card, the rest of
the employees will be out of luck
• Employees could loose their voice when voting on labor contract – EFCA currently proposes strict
timeframes to agree on a contract. If the union and employer cannot agree within a very short
timeframe, contracts will be formed by the arbiter with no ratification vote that will impact all
employees, and their employer as well
• Employees will loose money out of their paycheck – on average about 2 1/4 hours of pay per
month required to be paid for Union dues
• Under the union they will loose their rights of
– Self-representation
– Participation in decision making
– Union now becomes their voice
33. 33
Things To Do
– Keep your eyes and ears open to what is going on with your team
• If there is organizing going on typically you will be the first to become aware
of it
– Feel free to discuss your opinions or experiences with unions
– Listen to your teams concerns
• Provide them information
• Its ok to tell them “I don’t know” and be sure to find out the answer and
follow up with them within a reasonable time frame
• Provide an ear if they just want to talk
– Provide the personal touch
– Continue to build relationships with employees
• Continue to build trust
• Be honest
• Be consistent
– Tell employees about any untrue or misleading statements by an
organizer or in a handbill, or through any other medium of union
propaganda. You may always give employees the correct facts.
– Talk with your leaders or Human resources if you have and questions
34. 34
Things not to do
“TIPS”Threaten
You can't threaten employees with loss of jobs or reduction of income or benefits if the union gets in. You can't tell
them that there will be a strike if the union wins the election, or that management will refuse to bargain with the
union. And you can't use intimidating or coercive language to influence an employee. You are free to give them
your own opinions on the union and to tell them that they have a right to present their anti-union views to their co-
workers
Interrogate
You cannot ask employees what they think about the union or its officers, their union sympathies, or what they
know about the internal affairs of the union. (But you may listen if information is offered.) Don't ask if they have
signed cards or attended any union meetings.
Promise
You can't promise employees increased wages, promotions, or benefits if they reject the union. And you can't tell
employees that you won't discuss wage increases with them until the union is out of the picture. That's considered
an implied promise of reward.
Spy
You may not spy on employees to determine their feelings about a union; you may not attend union meetings; and
you may not even give the impression that you're watching employees' union activities. It's easy to unintentionally
create the impression that employees are under surveillance. Do not ask questions like "We know who is involved
with the union." "I hear you're involved with the union, Betty. Is that true?" "Let me know if you hear of anyone
supporting the union; I'd like to talk to them and give them our company's position." "They won you over last night,
didn't they?“ There have been cases where this has implied spying on employees' union activities. Do not imply
that you have someone on the inside telling you about union meetings or insinuate that you know when and where
union meetings have been held (unless the notices of meetings are public knowledge). Do not create the
impression that you know exactly what has been said at these union meetings. Do not request employees to
report the identity of pro-union sympathizers to you or to other officials of management. Also, you may not
encourage those you supervise to engage in surveillance of the union activities of their co-workers, or to reveal
who is for or against the union. Do not question (even when you are off company premises) an employee's
spouse, relative, neighbor, friend, or co-worker as to whether the employee is for or against the union.
Do not tell employees that co-workers are informing you about union activities, or that some employees are
"keeping you posted" on what is going on with the union; do not imply, even in a joking way, that you are receiving
information about union activities in the plant. Do not even start a conversation with the statement, "I've heard that
some people are interested in the union...." All these statements can be viewed as creating the impression of
spying or surveillance.
