Labor Policy at a Crossroads

LABOR POLICY AT A CROSSROADS

Presented By:

HAL COXSON

EMPLOYERS & LAWYERS, WORKING TOGETHER

TRASHING NATIONAL LABOR POLICY “EMPLOYEE FREE CHOICE ACT” (EFCA) 

CARD CHECK CERTIFICATION IN LIEU OF NLRBSUPERVISED PRIVATE, SECRET BALLOT UNION REPRESENTATION ELECTIONS AMONG EMPLOYEES

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GUARANTEED FIRST CONTRACTS WITHOUT A STRIKE: COMPULSORY FIRST CONTRACT INTEREST ARBITRATION BY FEDERALLY-APPOINTED ARBITRATORS, BINDING FOR TWO YEARS WITHOUT A RATIFICATION VOTE AMONG EMPLOYEES

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PUNITIVE ANTI-EMPLOYER PENALTIES IN LIEU OF REMEDIAL “MAKE WHOLE” REMEDIES

FIRST CLASS SERVICE, COAST TO COAST

EMPLOYERS & LAWYERS, WORKING TOGETHER

TRASHING NATIONAL LABOR POLICY “RESPECT ACT” ELIMINATES NLRA’S SUPERVISORY EXCLUSION FROM UNIONIZATION AND COLLECTIVE BARGAINING FOR FRONT-LINE WORKING SUPERVISORS

“PATRIOT EMPLOYERS ACT” USES TAX CODE TO COERCE EMPLOYER “NEUTRALITY” IN UNION ORGANIZING

FIRST CLASS SERVICE, COAST TO COAST

EMPLOYERS & LAWYERS, WORKING TOGETHER

OTHER POTENTIAL CHANGES 

“QUICKIE” UNION REPRESENTATION ELECTIONS WITHIN 5-10 DAYS FROM UNION PETITION WITH NLRB

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UNION ACCESS TO EMPLOYEES AT WORK (TRIGGERED BY EMPLOYER COMMUNICATIONS)

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EXPANDED RECOGNITIONAL PICKETING, SECONDARY BOYCOTTS, AND “HOT CARGO”

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REDUCED FEDERAL NLRA PREEMPTION OF STATE AND LOCAL LAWS

FIRST CLASS SERVICE, COAST TO COAST

FIRST CLASS SERVICE, COAST TO COAST

EMPLOYERS & LAWYERS, WORKING TOGETHER

EMPLOYERS & LAWYERS, WORKING TOGETHER

“EUROPEANIZING” U.S. EMPLOYMENT LAWS PLAINTIFF TRIAL LAWYERS “DREAM AGENDA” 1. OPEN-ENDED EMPLOYER LIABILITY (“LEDBETTER FAIR PAY ACT”) 2. UNLIMITED EMPLOYER LIABILITY (ELIMINATE $300,000 CAP ON CIVIL RIGHTS DAMAGES) 3. REDUCE EMPLOYER DEFENSES (e.g., ADA AMENDMENTS ACT) 4. INCREASED LITIGATION & JURY TRIALS (BAN ARBITRATION AGREEMENTS FOR STATUTORY EMPLOYMENT LAW DISPUTES)

FIRST CLASS SERVICE, COAST TO COAST

EMPLOYERS & LAWYERS, WORKING TOGETHER

OTHER EMPLOYMENT LAW POLICIES

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PAID FMLA LEAVE

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EXPADED WARN ACT

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INCREASED AND INDEXED FEDERAL MINIMUM WAGE

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“WORKING FAMILIES FLEXIBILITY ACT” (INDIVIDUAL NEGOTIATION OF WORKING HOURS, WORK SCHEDULES, AND WORK LOCATION…IN NON-UNION WORKPLACES)

FIRST CLASS SERVICE, COAST TO COAST

EMPLOYERS & LAWYERS, WORKING TOGETHER

“EUROPEANIZATION”?

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INCREASED EUROPEAN WORKPLACE RIGIDITIES RATHER THAN AMERICAN FLEXIBILITY STAGNATES JOB CREATION INCREASES UNEMPLOYMENT AND DURATION OF UNEMPLOYMENT

FIRST CLASS SERVICE, COAST TO COAST

EMPLOYERS & LAWYERS, WORKING TOGETHER

WHAT DO THEY KNOW THAT WE DON’T?

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CANADIAN PROVINCES REPEALING THEIR “CARD CHECK” LAWS

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FRANCE & GERMANY REFORMING THEIR EMPLOYMENT LAWS TO MORE CLOSELY RESEMBLE OUR’S

FIRST CLASS SERVICE, COAST TO COAST

FIRST CLASS SERVICE, COAST TO COAST

EMPLOYERS & LAWYERS, WORKING TOGETHER

FIRST CLASS SERVICE, COAST TO COAST

EMPLOYERS & LAWYERS, WORKING TOGETHER

FIRST CLASS SERVICE, COAST TO COAST

EMPLOYERS & LAWYERS, WORKING TOGETHER

EMPLOYERS & LAWYERS, WORKING TOGETHER

OTHER POTENTIAL CHANGES: INTERNATIONAL TRADE 

EMBEDDED, ENFORCEABLE INTERNATIONAL LABOR STANDARDS IN BILATERAL TRADE AGREEMENTS

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RATIFICATION OF ILO CONVENTIONS 87 & 98 ON FREEDOM OF ASSOCIATION (UNION ORGANIZING) AND COLLECTIVE BARGAINING 

FORCE AND EFFECT OF A TREATY SUPERCEDING DOMESTIC LABOR LAWS

FIRST CLASS SERVICE, COAST TO COAST

EMPLOYERS & LAWYERS, WORKING TOGETHER

OTHER URGENT WORKPLACE REFORMS

HEALTH INSURANCE   

ACCESS RETIREE HEALTH BENEFITS MEDICARE-MEDICAID REFORMS

FIRST CLASS SERVICE, COAST TO COAST

EMPLOYERS & LAWYERS, WORKING TOGETHER

OTHER URGENT WORKPLACE REFORMS RETIREMENT POLICIES  

LEGACY COSTS SOCIAL SECURITY

WORKER READINESS: TRAINING AND RETRAINING IMMIGRATION REFORM

FIRST CLASS SERVICE, COAST TO COAST