How to Prepare for and Win an NLRB ‘Quickie’ Election Edward V. Jeffrey, Esq. Michael J. Passarella, Esq.
May 6, 2015
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Good morning, there’s a fax/email here from the NLRB…
The Petition
Impact of New Rules: Immediate Action Required
Day 1 • Petition served directly on employer and NLRB. • NLRB orders hearing (if needed) within 8 days.
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Day 3 • Employer must post official notice regarding petition and distribute it electronically to employees. Failure will be “objectionable” conduct.
Impact of New Rules: Immediate Action Required
Day 1 ►
Day 3
Day 7
Day seven: – Must file a detailed statement of position (SOP) by noon: state legal position on appropriateness of unit. – Identify employees whose eligibility to vote the employer intends to contest and legal bases for each such contention. – Specific business payroll information. – Information regarding employees in the petitioned-for unit and the employer’s proposed unit.
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Impact of New Rules: Immediate Action Required
Day 1 ►
Day 3
Day 7
Day 8
Day eight: – Hearing day. If no hearing, election agreement likely. NLRB may refuse to hold a hearing: • Evidence limited to “question[s] concerning representation” (QCR). • Disputes over unit composition or voter eligibility (supervisory status, “confidential,” temporary, or casual employee status) may be limited to post-election litigation.
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Impact of New Rules: Immediate Action Required
Day 1 ►
Day 3
Day 7
Day 8
Day 10
Day ten: – Within 2 days of the election agreement (or the RD’s decision), the employer must provide to the NLRB and the union a list of voters: • Full names • Work location, shifts, job classifications • Home address, personal email address and cell phone number
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What are the Legal and Practical Ramifications? ►
Elections Conducted as Quickly as Possible
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Election Now, Hearing Later
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Vote Now, Understand Later
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Infringing on Employer Free Speech
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Loss of Privacy for Employees
See comment from dissenting NLRB Members.
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Early Warning Signs of Union Activity: Critical to Know and Report
Late Warning Signs: Employees Refer to Union Cards
A “Typical” Pre-April 14 Campaign
Time to Communicate Greatly Reduced
Campaign Communications: An Overview
Campaign Communications: An Overview
Campaign Communications: An Overview
Campaign Communications: An Overview
Campaign Communications: An Overview
Quickie Elections: One Month In
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In the first two weeks following the effective date of the Rule, petitions for election have doubled over typical period.
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Too early to predict if increase will continue, but the new rules will help unions win elections.
Recommendations for Employer Consideration
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Identify and Prepare to Address Underlying Issues and Vulnerabilities
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Prepare Pro-Active Communications to Staff
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Conduct Management Training
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Prepare Campaign Calendar for Shortened Election Cycle
Recommendations for Employer Consideration
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Identify and Mitigate Legal Vulnerabilities
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Conduct A Bargaining Unit Analysis and Prepare a Litigation Plan
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Develop and Train a Rapid Response Team to Address Labor Issues
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Hire and Manage to Create the Best Possible Workforce
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