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Employer's Guide to Union Organizing Campaigns, 2018 Edition Employer's Guide to Union Organizing Campaigns, 2018 Edition

Employer's Guide to Union Organizing Campaigns, 2018 Edition

By McCarter & English, Hugh Murray
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Overview

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 Campaigns provides:

  • 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 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, 2018 Edition, has been revised 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
  • Discussion of the reversals of the potential “persuader” regulations that could have increased the disclosure requirement for employers that use outside consultants, including attorneys, to assist in organizing campaigns, and potentially limit the availability of such resources
  • Discussion of recent cases on an employer's solicitation of grievances during an organizing campaign
  • Discussion of the rejection by the new Republican NLRB of many of the legal extensions that the Obama-era NLRB brought about
  • Discussion of additional areas of prohibited employer speech, including unlawful interrogations, surveillance, and solicitation of grievances
  • Discussion of guidance issued by the General Counsel of the NLRB on common employer rules and the current General Counsel’s efforts to reverse some of those decisions
  • And more!

Previous Edition: Employer's Guide to Union Organizing Campaigns, 2017 Edition, ISBN: 9111149307

Last Updated 06/14/2018
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 10045337-0003
Product Line Wolters Kluwer Legal & Regulatory U.S.
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Table of Contents

Chapter 1. Overview: Labor-Management Relations Today

  • §1.01 Is the stage set for organized labor’s survival?
  • §1.02 Board elections: Resurgence or irrelevance?
  • §1.03 The corporate campaign: The challenge of the decade
  • §1.04 Why preserve management rights and resist unionization?
  • §1.05 About the “Employer’s Guide”

Chapter 2. Employment in The 21st Century

  • §2.01 A changing workplace
  • §2.02 A changing workforce
  • §2.03 An evolving culture of work
  • §2.04 The political landscape
  • §2.05 Challenges ahead for organized labor
  • §2.06 Enduring organizing threats

Chapter 3. The “Preferred” Employer

  • §3.01 The “preferred” employer
  • §3.02 The preventive self-audit: An essential exercise
  • §3.03 Staying conflict-free
  • §3.04 Employee communications programs
  • §3.05 Ensuring compliance
  • §3.06 Corporate labor relations strategy

Chapter 4. Elements of Effective Employee Relations

  • §4.01 The corporate culture
  • §4.02 Work rules
  • §4.03 Employee handbooks
  • §4.04 Employee participation programs
  • §4.05 Progressive discipline
  • §4.06 Resolving employee complaints
  • §4.07 Alternative dispute resolutions programs
  • §4.08 Supervisory and managerial training
  • §4.09 Illustrations 1 – 4

Chapter 5. Anticipating a Union Campaign

  • §5.01 Assessing your vulnerability
  • §5.02 Expressing opposition to a union
  • §5.03 Manager training on the law of organizing
  • §5.04 Bargaining unit vulnerability analysis
  • §5.05 Recognizing the early warning signs
  • §5.06 Preempting the union’s message

Chapter 6. Understanding the New Union Movement

  • §6.01 Introduction
  • §6.02 The dual-front union movement
  • §6.03 Change to Win and the modern template for organizing: not always smooth sailing
  • §6.04 The AFL-CIO embraces the new model
  • §6.05 Organizing under the new model
  • §6.06 Embracing new demographics
  • §6.07 Embracing new models for organizing
  • §6.08 Embracing new tactics and technologies
  • §6.09 A national–or global–approach
  • §6.10 Conclusion

Chapter 7. The Old Model: Enduring Tools for Organizing

  • §7.01 A foot in the door
  • §7.02 The organizational meeting
  • §7.03 Traditional arguments
  • §7.04 Other organizing techniques

Chapter 8. Contemporary Organizing Techniques

  • §8.01 Corporate campaigns
  • §8.02 Industry-wide campaigns
  • §8.03 Neutrality agreements
  • §8.04 Voluntary recognition
  • §8.05 Framework agreements
  • §8.06 Another word on unlawful recognition

Chapter 9. The Corporate Campaign: What to Expect

  • §9.01 Introduction
  • §9.02 Company research and profiling
  • §9.03 Inside labor pressure
  • §9.04 Unfair labor practice charges
  • §9.05 The court of public opinion
  • §9.06 Legislative initiatives
  • §9.07 Litigation as weapon
  • §9.08 Other pressure tactics

Chapter 10. The Employer Counter-Offensive

  • §10.01 Introduction
  • §10.02 Rejecting card-check
  • §10.03 Questioning union support
  • §10.04 A campaign, not “interference”
  • §10.05 Investigate, then educate
  • §10.06 Educating employees
  • §10.07 Avoiding unfair labor practices
  • §10.08 Tactical legal approaches
  • §10.09 Strike preparation and response
  • §10.10 External counter-organizing resources
  • §10.11 When the dust settles . . .
  • §10.12 Illustrations 1 – 2

Chapter 11. Communicating Your Message

  • §11.01 Introduction
  • §11.02 Employer’s right to free speech
  • §11.03 Internal communication strategies
  • §11.04 The arsenal of communications techniques
  • §11.05 External communications
  • §11.06 Illustrations 1 – 7

Chapter 12. Managing Pro-Union Communication

  • §12.01 Introduction
  • §12.02 Implementing valid work rules
  • §12.03 A lawful no-solicitation rule
  • §12.04 Solicitation in working areas
  • §12.05 Distribution of literature
  • §12.06 Organizing by off-duty employees
  • §12.07 Other union-related activity

Chapter 13. The Board Conducted Election

  • §13.01 Processing the representation petition
  • §13.02 Bargaining unit determination
  • §13.03 Election agreements
  • §13.04 Employee names and addresses
  • §13.05 Voter eligibility
  • §13.06 Mail ballot elections
  • §13.07 The on-site election
  • §13.08 Policing the polls
  • §13.09 Counting the ballots
  • §13.10 Two-union contests and run-off elections
  • §13.11 Illustrations 1 – 2

Chapter 14. Restoring Management Rights

  • §14.01 Voter challenges
  • §14.02 Election objections
  • §14.03 Procedure for filing objections
  • §14.04 Board review
  • §14.05 Decertification petitions
  • §14.06 The employer’s campaign
  • §14.07 If the union wins
  • §14.08 Illustrations 1 – 2

Appendices

  1. Union Members in 2012, Bureau of Labor Statistics, U.S. Department of Labor
  2. A counter-campaign play-by-play
  3. Notification of Employee Rights Under the National Labor Relations Act; Final Rule
  4. NLRB Memorandum: Frequently Asked Questions—Board’s Notice Posting Rule
  5. Posters: Employee Rights Under the National Labor Relations Act
  6. NLRB Representation—Case Procedures; Final Rule
  7. NLRB Memorandum: Guideline Memorandum Concerning Collyer Deferral Where Grievance-Resolution Process is Subject to Serious Delay
  8. NLRB Report: Report of the Acting General Counsel Concerning Social Media Cases, August 18, 2011
  9. NLRB Report: Report of the Acting General Counsel Concerning Social Media Cases, January 24, 2012
  10. NLRB Report: Report of the Acting General Counsel Concerning Social Media Cases, May 30, 2012
  11. Labor-Management Reporting and Disclosure Act; Interpretation of the “Advice Exemption; Proposed Rule

Glossary

Table of Cases

Index

Volumes