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The National Labor Relations Board’s Expedited Election Rules© TNS 2015
The National Labor Relations Board’s Expedited Election Rules
Are You Prepared or Vulnerable?
2556-15
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Chris JohlieVeteran Labor Law Attorney Partner
Franczek Radelet P.C.
312.786.6152
caj@franczek.com
Presenters
Michael Schroeder Veteran Organizational Consultant
CEO
TNS Employee Insights
847.726.4040 x232
mike.schroeder@tnsglobal.com
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
1. Background
2. Expedited Election Rule Discussion Points
3. Preparing a Rapid Response Plan
4. Developing a Union-Free Strategy
Agenda
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
TNS About Us
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The National Labor Relations Board’s Expedited Election Rules© TNS 2015
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The National Labor Relations Board’s Expedited Election Rules© TNS 2015
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The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Background
Review the new election rules
Impact of the new rules
Planning tips
Discussion Points
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Background
Context:
RC petitions/elections Filed by unions to determine whether
employees want a union
Most common election
NLRB conducts around 1300-1400 RC
elections/yr
Union win rate consistently around 60-70%
Median time from petition to election
38 days in “agreed” cases (91% in
2014)
60 days in “contested’ cases (9% in
2014)
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Union Win Percentage by Campaign Days, RC Elections 2004-2014
61% 60%
72%78%
86% 89%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
43 or more
days
36 - 42
days
29 - 35
days
22 - 28
days
15 - 21
days
1 -14 days
Source: LRIRightNow.com | ©2015 Labor Relations Institute, Inc. | LRIOnline.com
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Background
Was change
necessary?
Doesn’t matter now…
Three NLRB members thought
we needed a change, so we’ve got change.
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Background
Overhauls the NLRB representation election procedures
Effective April 14, 2015
Immediately challenged in federal court
NLRB FAQs -http://www.nlrb.gov/resources/faq/2015-representation-case-procedures
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Election Rules Review
Greater use of electronic filing
Petitions
Showing of interest
Notices
Position statements
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Election Rules Review
Streamlined pre-election process Hearing begins 8 days after notice
served
Employers must identify issues before hearing
Statement of Position
Short timeline
7 days to prepare
File day before hearing
Risk of waiver
Post-hearing briefs discretionary
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Election Rules Review
Streamlined pre-election process
Potential to defer voter
eligibility issues
Rule eliminates 25 - 30 day
post-hearing appeal period
Shift disputes/challenges to
post-election proceeding
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Election Rules Review
Voter List (f/k/a “Excelsior” List)
List of eligible voters
Within 2 business days (down from
7) of RD decision or stipulated
election agreement
Must include: name, home address,
job classification, shift, work location,
“available” personal phone (including
cell phone) and personal email
address
Union has 10 calendar days to review
before election, but can waive
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Election Rules Review
Bottom line:
Lots of technical changes
Result:
Quicker elections
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Impact – Average Days from Petition to Election
39 39
2522
April 14 - May 14 May 15 - June 15
2014 2015
YEAR FILED
DAYS
DAYS
DAYS
DAYS
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Impact – Number of RC Petitions Filed
202 192
394
266
193
459
April 14 - May 14 May 15 - June 15 Total April 14 - June 15
2014 2015
YEAR FILED
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Impact – Election Results
69%
31%
April 14 – May 14, 2015
68%
32%
April 14 – May 14, 2014
64%
36%
Fiscal Year 2014
Union Won No Union
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Planning
Challenges Identifying issues before hearing
Voter eligibility issues may not be
resolved
Who is a supervisor?
What does the voting unit look
like?
How do you campaign?
Voter list – more information in less
time
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Are you talking to your employees right now about unions?
Can you?
Of course you can
Should you?
That depends…
#1 Challenge:
Less time to communicate
Planning
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Planning
Response planDo you know what to do if…
You see the first sign
of organizing?
A petition is filed?
Do you have a
communications plan?
Do you know who your
supervisors are?
Have you trained your
management team?
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Planning
Building the Plan Develop message and
communication modes
Identify rapid response team
(internal and external)
Assign responsibilities to team
members in the event of card
signing or receipt of a petition
Develop protocols for
vulnerability/risk assessment
Train for “go live”
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Planning
Plan Components Notice protocols
Compile information
Recent history of relevant events
Information about union
Unit analysis, including
supervisory issues
Update management on legal
guidelines, do’s/don’ts, policies,
talking points
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Planning
Plan Components Comprehensive assessment of
union support
Communication with NLRB
Communication (timing, form,
content)
Employees
Customers and vendors
Media
Operations requirements/plans
Campaign calendar
Response to hand-billing or
picketing
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Planning
Prevention is the
best plan…At that critical moment when your
employee is confronted by a union
representative or supporter and
given a union card, your employee
is educated, committed, invested
and loyal enough to firmly choose
the company instead of the union,
and just says no.
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Issues Often Found To Be Predictive
Management mistrust; lack of respect
Lack of voice; concerns can’t be raised or heard
Lack of fairness/consistency
Recognition
Opportunity for growth and development
Wage and benefits
Job security
Safety and work conditions
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
TNS Action Planning Prioritization ModelBased on Motivation & Commitment Research
Advanced
AlignmentAcceptance
Confidence in Senior Leadership
Mission, Goals & Values
A
Intermediate
TeamworkCooperationCareer Development
Communications
CapabilitiesCompensation & Benefits
I
Basic
The JobEnvironmentCompetent Supervisor
Feedback/Coaching
Recognition
B
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Set target goals for leaders, managers, and supervisors to achieve on current and future employee surveys
TIP: Set Target Goals
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Action Planning and Tracking to Ensure Accountability
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
NLRB Next Steps…
Assess your organization for vulnerability via employee survey
The cost is $5:
Per employee for survey and all reporting
Includes large and small groups (5 people or more)
Integrate survey data with leader skills and union activities in each area
Share data with department and facility leaders for post survey action planning
Provide all leaders with pyramid suggestion for action planning focus
Provide extra support for “red zone” leaders
Repeat process for trends and leadership development
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
It’s easy for unions to gain employee information and access to employees
TIP: Protect Your Confidential Information
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Tell employees why it’s an advantage to be union-free
Be prepared to answer the question “Do we need a union?”
TIP: Create and Communicate a Union-Free Policy
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
TIP: Ensure that you are in compliance with all state and federal laws I-9 Forms
Wages
Safety
Workers’ Compensation
Equal Employment, including Harassment and Retaliation
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Fundamental Objective
“At that critical moment when the employee is confronted by a union representative or supporter, and given a union card or an NLRB election ballot, each individual employee will be committed, invested and loyal enough to firmly choose the employer instead of the union, and just say no.”
TIP: Create the Right Environment
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Get and keep good people
Establish competitive compensation and benefits
Maximize job security
Total communications planning and employee recognition
Integrate all languages/cultures/lifestyles
Maintain a healthy and safe working environment
Build personal relationships of credibility, trust and mutual respect
TIP: Create the Right Environment
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
How Engaged are Your Employees?
If an average company were a 10-person bicycle, statistically speaking:
• 2 employees are peddling with all their hearts
• 4 are peddling most of the time
• 2 are just along for the ride, pretending to pedal
• 2 are slamming on the brakes
According to TNS global research about 60% of employees are engaged in their work.
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
What is Employee Engagement?
Definitions differ, but most believe it is:
• Pride in the company • Belief in the company mission/values/direction• Trust in leadership and manger• Desire to work hard and give extra to their job• Willingness to recommend the company to others
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Observing Disengagement
They are more likely to:
Take more time off Waste time on the job Steal Negatively influence co-
workers Drive customers away Vote for a Union
Actively disengaged employees cost the US economy ½ a trillion dollars per year or more
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Employee Engagement Tips BookletAt last, a truly great employee engagement tips booklet you can use! Written by our professional staff, we provide tried and true methods on how to engage employees.
The National Labor Relations Board’s Expedited Election Rules© TNS 2015
Presenters
Chris JohlieVeteran Labor Law Attorney Partner
Franczek Radelet P.C.
312.786.6152
caj@franczek.com
Michael Schroeder Veteran Organizational Consultant
CEO
TNS Employee Insights
847.726.4040 x232
mike.schroeder@tnsglobal.com