Law Employment / Labour Law

Employer's Guide to Union Organizing Campaigns, 2017 Edition

Edited by McCarter & English LLP · Hugh Murray
Aspen June 2017

Specifications

ISBN-13
9111149307
Publisher
Aspen
Publication
June 2017
Format
Loose-leaf , 564 pages
Jurisdiction
U.S. ? Countri(es) for reference only

Details

In this environment, every employer may find themselves subject to union organizing efforts. Employer's Guide to Union Organizing Campaigns helps you guide your company through every stage of union organizing campaigns, so that you can react quickly, effectively, and legally even before organizing begins.

Whether you're looking to be proactive - or react effectively - you need the insights and the tools to create effective and legally compliant policies and responses to union activity. Employer's Guide to Union Organizing Campaignsprovides:

  • How-to practical guidance on anticipating - and reacting to - union activity while staying in compliance
  • Sample letters, checklists, and documents ready for your immediate use
  • Up-to-date coverage of current case law

Employer's Guide to Union Organizing Campaigns delivers expert, step-by-step guidance to help you:

  • Understand how today's organizing environment can affect your company
  • Recognize new union tactics such as the corporate campaign and the request for card-check recognition
  • Effectively respond to union organizing without violating the law, alienating the workforce or creating ill-will in the community

Employer's Guide to Union Organizing Campaigns, 2017 Edition has been updated to include:

  • Updates on the NLRB’s processing of election petitions under its new streamlined election rule amendments
  • Updates on the process of challenging ballots and filing objections to elections under the NLRB’s streamlined election rule amendments
  • A review of the NLRB’s decision in Purple Communications and the new rules concerning unions’ access to an employer’s e-mail system
  • Updated current status of the American manufacturing industry and companies’ home shoring efforts
  • Summary of NLRB and Administrative Law Judges decisions that continue to focus on work rules that are overly broad or vague and, as a result, violate the Act
  • And more!

Table of Contents

  • 1. Overview: Labor-Management Relations Today
    • Is the stage set for organized labor's survival?
    • Board elections: On the road to irrelevance?
    • The corporate campaign: The challenge of the decade
    • Why preserve management rights and resist unionization
  • 2. Employment in The 21st Century
    • A changing workplace
    • A changing workforce
    • An evolving culture of work
    • The politcial landscape
    • Challenges ahead for organized labor
    • Enduring organizing threats
  • 3. The Choice Employer
    • The choice employer
    • The preventive audit: An essential exercise
    • Remaining issue free
    • Employee communications programs
    • Ensuring compliance
    • Corporate labor relations strategy
  • 4. Elements of Effective Employee Relations
    • The corporate culture
    • Work rules
    • Employee handbooks
    • Employee participation programs
    • Progressive discipline
    • Resolving employee complaints
    • Alternative dispute resolutions programs
    • Supervisory and managerial training
  • 5. Anticipating a Union Campaign
    • Assessing your vulnerability
    • Expressing opposition to a union
    • Manager training on the law of organizing
    • Bargaining unit vulnerability anaylsis
    • Recognizing the early warning signs
    • Preempting the union's message
  • 6. Understanding the New Union Movement
    • The dual-front union movement Change to Win and the modern template for organizing: not always smooth sailing
    • The AFL-CIO embraces the new model
    • Organizing under the new model
    • Embracing new demographics
    • Embracing new models for organizing
    • Embracing new tactics and technologies
    • A national–or global–approach
  • 7. The Old Model: Enduring Tools for Organizing
    • A foot in the door
    • The organizational meeting
    • Traditional arguments
    • Other organizing techniques
  • 8. Contemporary Organizing Techniques
    • Corporate campaigns
    • Industry-wide campaigns
    • Neutrality agreements
    • Voluntary recognition
    • Framework agreements
    • Another word on unlawful recognition
  • 9. The Corporate Campaign: What to Expect
    • Company research and profiling
    • Inside labor pressure
    • Unfair labor practice charges
    • The court of public opinion
    • Legislative initiatives
    • Litigation as weapon
    • Other pressure tactics
  • 10. The Employer Counter-Offensive
    • Rejecting card-check
    • Questioning union support
    • A campaign, not "interference"
    • Investigate, then educate
    • Educating employees
    • Avoiding unfair labor practices
    • Tactical legal approaches
    • Strike preparation and response
    • External counter-organizing resources
    • When the dust settles
  • 11. Communicating Your Message
    • Employer's right to free speech
    • Internal communication strategies
    • The arsenal of communications techniques
    • External communications
  • 12. Managing Pro-Union Communication
    • Implementing valid work rules
    • A lawful no-solitictation rule
    • Solicitation in working areas
    • Distribution of literature
    • Organizing by off-duty employees
    • Other union-related activity
  • 13. The Board Conducted Election
    • Processing the representation petition
    • Bargaining unit determination
    • Election agreements
    • Employee names and addresses
    • Voter eligibility
    • Mail ballot elections
    • The on-site election
    • Policing the polls
    • Counting the ballots
    • Two-union contests and run-off elections
  • 14. Restoring Management Rights
    • Voter challenges
    • Election objections
    • Procedure for filing objections
    • Board review
    • Withdrawal of recognition and decertification petitions
    • The employer's campaign
    • If the union wins
  • Appendices
    • Corporate campaign case study: The healthcare industry
    • A counter-campaign play-by-play

 

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