1. Remaining Union Free 424 Church Street Suite 1401Nashville, TN 37219 611 Commerce Street, Suite 3030 Nashville, TN 37203 Bob Gaskill Tennessee Chamber of Commerce & Industry 615.256.5141 bob.gaskill@tnchamber.org James B. Perry Dickinson Wright PLLC 313.223.3096 jperry@dickinsonwright.com Mary Neil Price Dickinson Wright PLLC 615.620.1753 mprice@dickinsonwright.com

2. Unions in America Today Ten Conditions Leading to Unionization Six Stages of a Union Organizing Drive Campaign Themes Tips to Maintain Union-Free Status Remaining Union Free

4. To form, join or assist labor organizations

5. To bargain collectively

6. To engage in concerted activity for mutual aid and protection

7. To withhold services and to strike

9. Foster collective bargaining between employers and unions who represent their employees

11. The US Government Agency established to administer the NLRA

12. Five member NLRB in Washington appointed by President

13. Three Members of President’s party

14. Two members of other party

15. NLRB Regional and Sub Regional Offices

16. 51 offices

17. Changes and Petitions are filed in the offices

19. Unions contributed large amounts to his campaign and to most democrats

20. He voted for the Employee Free Choice Act as a Senator and said: "EFCA is a starting point but there is more to do. I will use the bully pulpit of the presidency to educate our country about the important role of Unions."

22. In 2008, union members represented 12.4% of employed workers, up from 12.1% a year earlier (according to BLS). In 2009, Union membership fell by 771,000 to 12.3%

25. 37.4% of government employees - 7.9 million

27. Construction declined from 16.2% to 15%

28. But unionization in "Service Industry" - Social Services, Health Care, Hospitality has been rising for the past few years

30. Unions in America Today Union Membership by State in 2008 & 2009

32. It allowed: Union Shops – which require employees to become members of a union after at least 30 days Agency Shops - which require employees who choose not to become union members to pay the equivalent of dues to the union, as an agency fee

35. Alabama

36. Arizona (c)

37. Arkansas (c)

38. Florida (c)

39. Georgia

40. Idaho

41. Iowa

42. Kansas

43. Louisiana

44. Mississippi (c)

45. Nebraska

46. Nevada

47. North Carolina

48. North Dakota

49. Oklahoma (c)

50. South Carolina

51. South Dakota

52. Tennessee

53. Texas

54. Utah

55. Virginia

56. Wyoming

58. Campaign Themes UAW Plant Closings, Layoffs Wednesday, June 14, 2006 UAW pours money into organizing Union will use $110M from strike fund to bolster membership and its day-to-day operations. LAS VEGAS –The United Auto Workers approved a measure Tuesday that will shift up to $110 million from the union's strike fund to support recruiting efforts and help pay for the union's day-to-day business operations. The move addresses two key problems that have hit the UAW hard in recent years: a dramatic decline in membership from auto industry layoffs and weakened finances with the loss of thousands of dues-paying members. - - - GM and Ford Motor Co. are cutting 60,000 jobs as part of sweeping restructuring efforts at their struggling North American units. Delphi is axing another 20,000 factory jobs as part of its Chapter 11 bankruptcy reorganization, while other industries with UAW-represented workers, such as aerospace, are also shedding workers. UPI.com Published: April 1, 2009 at 8:24 AM UAW membership down 7 percent The United Auto Workers union said membership fell 7 percent in 2008, as job losses in the automotive industry cut into its ranks. In an annual financial report, the UAW said its membership fell to 431,037 last year, the Detroit Free Press reported Wednesday.

59. What is Happening Here? Chattanooga Times Free Press December 10, 2009 Companies here should expect an uptick in union activity, citing recent charges aimed at Volkswagen by volunteers for local hire, a group supported by organized labor. July 6, 2010 The new president of the United Auto Workers union had some harsh words for automakers recently on his first day in office. UAW head Bob King demanded protests against Toyota manufacturing facilities in the United States. He said Toyotas would be safer and of higher quality if they were built at a recently shut-down unionized plant in California rather than at a non-union plant in Mississippi. He said he would try to unionize the U.S. facilities of Toyota and other "foreign" car companies that have lots of American workers on U.S. soil. (Volkswagen is building such a plant in Chattanooga, with the promise of thousands of jobs.)

60. What is Happening Here? Chattanooga Times Free Press September 6, 2010 Richard Ray, President of AFL-CIO in Georgia, said he is encouraged by three organizing drives at Atlanta's Hartsfield-Jackson Atlanta International Airport and one of Atlanta's biggest employers, Delta Air Lines. The American Federation of Government Employees is organizing security officers of the Transportation Security Administration; the International Association of Machinists is trying to organize Delta baggage handlers, and the Association of Flight Attendants will begin a unionization vote Sept. 29 for the two-thirds of Delta flight attendants not currently represented by a union.

61. What is Happening Here? The Tennessean August 22, 2010 Even as Unions have lost power with the decline in manufacturing, they have found much-needed success in the government sector through influence in government contracts and unionized employee groups, such as teachers and city and state workers. Union workers will play key roles in building the $585 million Music City Center. Subcontractors that employ unions recently won $100 million in contracts on the project. Unions also have been angling for a chance to build a nearby convention center hotel, even offering to help finance its construction with some of their pension funds.

62. What is Happening Here? The Tennessean August 22, 2010 (cont.) Unions have managed a few success stories, especially in heavily Democratic Nashville, where organized labor still wields business clout and political influence through large government employee unions and more than $100,000 in campaign contributions this election cycle. Marcus Pohlmann, a political scientist at Rhodes College in Memphis, said he thinks unions actually are stronger than they used to be in the South, while they struggle to sustain their strength in the North.

63. Percentage of Union Membership by State

64. II. 10 Conditions Leading to Unionization

67. Pre-Employment drug screen

68. Detailed ApplicationAvoid Overqualified Applicants

69. Ten Conditions Leading to Unionization Failure to Remove Misfits, Preferably during Probation or Introductory Period. Problem employees rarely get better. Do not lower the standards to meet an employee's performance.

72. Avoid Interrupting

73. Schedule discussion to receive prime attention. Offer a Private Meeting

77. Favoritism

79. Compliment extra effort

81. Six Stages of a Union Organizing Drive Union's Initial Secret Campaign Request for Recognition/ Filing of Petition Processing of Petition by NLRB Employer and Union Campaign Election Post-election Objections/Challenges

83. Hold meeting or rally at Union hall

84. Selection of in-plant employee organizers to solicit signing of Authorization Cards

89. NLRB checks legal sufficiency of petition

90. Work out or litigate eligibility issues by describing the classifications of employees in the voting unit

93. Letters to the home

94. Small group meetings

95. One-on-one conversations

96. Large meetings or rallies

97. 25th hour meetings by the employer at work

99. Election is by Secret Ballot; there is one question on the ballot:

101. Portable booth is set up by NLRB

102. Ballot box is constructed by NLRB at the election site and sealed after each polling period

104. Observers can challenge any voter

105. Challenged ballots, if determinative, could result in a Hearing

107. Campaign Themes If a Union wins an NLRB Election, what does the Union win? More money? No More benefits? No More time off? No

108. Campaign Themes If a Union wins an NLRB Election, what does it win? Winning an NLRB Election only wins a union the right to be the exclusive representative in collective bargaining for the employees of the bargaining unit.

113. An employer can continue to run its business by:Hiring temporary or permanent replacements to cross the picket line and work; Subcontracting the work to another company; Transferring the work to another of its facilities; Operating with management on a reduced basis; Terminating operations

115. No benefits

116. Economic strikers are not eligible for unemployment compensation in Kentucky, Tennessee, Michigan, Illinois, Missouri, or in most states

119. Check off of dues

120. Super seniority for union stewards

124. Appropriate prices

125. Ability to deliver goods and services on timeHow will a Union help a Company do any of those things?

127. Initiation fees?

128. Assessments – Covered in Union constitutions

130. Why not give the company a chance, especially now in such difficult business conditions?

132. Maintaining Union-Free Status Tips to Maintain Union-Free Status Review policies and procedures Analyze site access Analyze employee roster at each site Training programs for supervisors Educate employees about unionization

134. Beware of inconsistent enforcement

136. Enforce rules restricting access to work sites

138. Part-time employees

139. Dual-function employees

140. Seasonal employees

142. Maintaining Union-Free Status Training Programs for Supervisors On the basis of Union activities, sympathies or beliefs, you cannot: T I P S

143. Maintaining Union-Free Status Training Programs for Supervisors On the basis of Union activities, sympathies or beliefs, you cannot: Threaten I P S

144. Maintaining Union-Free Status Training Programs for Supervisors On the basis of Union activities, sympathies or beliefs, you cannot: Threaten Interrogate P S

145. Maintaining Union-Free Status Training Programs for Supervisors On the basis of Union activities, sympathies or beliefs, you cannot: Threaten Interrogate Promise S

146. Maintaining Union-Free Status Training Programs for Supervisors On the basis of Union activities, sympathies or beliefs, you cannot: Threaten Interrogate Promise Spy

147. Maintaining Union-Free Status Training Programs for Supervisors On the basis of Union activities, sympathies or beliefs, you cannot: Threaten Interrogate Promise Spy You also cannotDiscriminate or Change Conditions

148. Maintaining Union-Free Status When talking to employees, Supervisors should provide: F – Facts about unions O – Opinions about unions E – Experiences with unions This will help employees to realize that unions often make Big Promises, but cannot deliver © 2010 Dickinson Wright PLLC All Rights Reserved

150. Strikes

151. Job losses/layoffs in unionized industries

152. Union constitutions and rules

153. Union political contributions