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
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
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
UNION ACCESS TO EMPLOYEES AT WORK (TRIGGERED BY EMPLOYER COMMUNICATIONS)
EXPANDED RECOGNITIONAL PICKETING, SECONDARY BOYCOTTS, AND “HOT CARGO”
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
PAID FMLA LEAVE
EXPADED WARN ACT
INCREASED AND INDEXED FEDERAL MINIMUM WAGE
“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”?
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?
CANADIAN PROVINCES REPEALING THEIR “CARD CHECK” LAWS
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
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