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Report Link Update on the Employee Free Choice Act.Vedder Price - November 09, 2009 Although the contentious health
care debate remains front and
center—both in Congress and
in the media—signifi cant labor
law changes appear close at
hand as well. Do not let the
lack of headlines fool you—the
Employee Free Choice Act
(“EFCA”) remains a priority for
the Obama administration and
the Democratic-controlled
Congress. Informed observers
expect that EFCA will be the
next hot-button issue taken up
by Congress. Report Link Who Needs EFCA? - Expect Big Labor Law "Reforms" From the NLRB.Ogletree Deakins - November 03, 2009 For the past several years, the business community's attention has been focused almost exclusively on federal legislation inaccurately named the "Employee Free Choice Act" (EFCA). That legislation would radically overhaul labor-management relations by substituting "card check" (employees' signatures on union cards) in place of government-protected secret ballot union representation elections, and by compelling arbitration of first contracts written by federally-appointed arbitrators where the union and the employer fail to agree after 120 days of bargaining. EFCA also contains anti-employer penalties and fines of $20,000 per violation and triple back pay, as well as federal court injunctions. Report Link Top Five Reasons You Can't Blame Employees For Joining A Union.Fisher & Phillips, LLP - November 02, 2009 We all know that union membership has been on the decline for decades. But with a new administration in the White House, and Democrat majorities in the House and Senate, employers should expect significant labor law reforms and dramatically different enforcement strategies that will make it easier for labor unions to organize employees. In fact, hopeful labor leaders proclaim that the expected changes could add up to 1.5 million new members per year for the next 15 years. Report Link Carroll College Case Proves No Free Pass For Unions...Yet.Fisher & Phillips, LLP - October 05, 2009 With membership at its lowest point in over 60 years, unions are steadfastly proving they still know how to play politics. Organized labor has recently taken steps to reinforce its ranks through legislation, introducing significant reform efforts such as the Employee Free Choice Act (EFCA). The Act, in effect, would eliminate secret ballot elections from the provisions of the National Labor Relations Act (NLRA) related to union organizing, substitute card check verification instead, and make employer neutrality mandatory in the electoral process. Report Link EFCA Update: Compromise, Delay and Uncertainity.Baker Hostetler LLP - September 24, 2009 For the past few months, Senate leadership has been managing expectations on the Employee Free Choice Act (EFCA), the bill backed by organized labor designed to make it easier to organize employees and negotiate first-time contracts. Senate leaders have been publicly bracing supporters of the bill to expect delay, given everything already on the Majority's agenda. Even union leaders have downplayed expectations noting formal consideration of the bill is a moving target. Given these statements and the recent focus on healthcare, most observers have speculated that consideration of EFCA will slide to 2010. Report Link Senate Democrats pull back on Specter's card-check prediction.Constangy, Brooks & Smith, LLP - September 23, 2009 Constangy partner Mel Haas is Vice Chairman of the U.S. Chamber of Commerce's Labor Relations Committee. We are forwarding to you yesterday's communication from the "The Hill" so that you may be informed of the latest from Capitol Hill. As always, Constangy will keep you informed immediately as news hits. If you have questions or concerns, feel free to contact any Constangy attorney. Report Link New Employee Notice Rule Proposed for Federal Contractors and Subcontractors.Ogletree Deakins - August 13, 2009 On August 3, 2009, the U.S. Department of Labor (DOL) issued a proposed rule to implement President Barack Obama’s recent Executive Order 13496 requiring federal contractors to inform employees of their rights under federal labor laws, including the National Labor Relations Act (NLRA). Executive Order 13496 requires covered contractors to include certain language in their contracts and to conspicuously post notices of employee rights under federal labor laws. The proposed rule describes the content of the required notice, which contractors and subcontractors must post, and the penalties that can be imposed for noncompliance. Report Link DOL Proposes Regulations Clarifying Contractors' Obligation to Notify Employees of Right to Organize.Jackson Lewis LLP - August 04, 2009 Continuing the pro-labor actions of the current Administration, the U.S. Department of Labor on August 3, 2009, proposed regulations to implement an Executive Order issued by President Barack Obama, within two weeks after taking office, requiring government contractors to advise employees of their rights under the National Labor Relations Act to join and form labor unions. Executive Order 13496, one of three employment-related Executive Orders issued on January 30, 2009, reversed Bush Administration policies which required government contractors to notify employees of their rights not to join unions or contribute agency fees for union expenditures unrelated to representation pursuant to Communication Workers of America v. Beck, 487 U.S. 735 (1988). Report Link CONGRESS DROPS CONTROVERSIAL CARD CHECK PROVISION FROM “EMPLOYEE FREE CHOICE ACT”.Ballard Rosenberg Golper & Savitt - July 31, 2009 As the union-friendly Employee Free Choice Act (EFCA) (S. 560 and H.R. 1409) makes its way through Congress, one of the most controversial provisions of the legislation has been withdrawn. That's the good news for employers. Report Link The Union Wants to See Your Email Policy.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - July 29, 2009 Two weeks ago, the federal appeals court responsible for reviewing nationwide decisions of the National Labor Relations Board (NLRB) rendered an important decision impacting union and non-union employers alike. Report Link It's Not Over Yet: What You Don't Know About the EFCA.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - July 29, 2009 After overwhelming opposition from businesses, other employers and a tremendous investment of resources by the U.S. Chamber of Commerce, supporters of the so-called "Card Check" bill have conceded defeat with respect to the most controversial provision of the Employee Free Choice Act (EFCA) and abandoned the idea of trying to convert the National Labor Relations Act's (NLRA) current secret ballot system to one where a simple majority of eligible employees' signing union cards would establish a union. It became apparent in late spring that certain moderate Democratic Senators would not vote in favor of the card-check provision, making it impossible for the EFCA's supporters to acquire the filibuster-proof 60 votes necessary to pass the bill in its current form. Report Link Employee Free Choice Act Compromise Gains Momentum.Elarbee, Thompson, Sapp & Wilson, LLP. - July 22, 2009 While healthcare reform, the economy, and the confirmation hearings for Supreme Court Nominee Sonia Sotomayor have dominated the news, labor unions, with a cadre of supporters in the U.S. Senate, have been quietly working on a compromise to steer labor's number one legislative agenda through the Senate. Report Link EFCA Update: Expedited Election to Replace "Card Check" as Senators Broker Labor Law Compromise.Jackson Lewis LLP - July 20, 2009 The Senate plans to drop the “card check” provision from the Employee Free Choice Act (“EFCA”), a bill that seeks to alter the landscape of American labor law by making it easier for unions to organize workers, according to late reports from Washington, D.C. Despite a seemingly “filibuster proof” Democratic Senate majority – 60 of the 100 Senate seats – a handful of Democratic senators announced recently that they would not support EFCA as initially proposed because the “card check” provision effectively eliminated workers’ rights to vote by secret ballot on unionization. At least one of the dissenting Democrats, Senator Arlen Specter, while still a Republican, also indicated dissatisfaction with the mandatory arbitration provisions of the proposed legislation. Report Link Healthcare: Preparing for the Impact of the Employee Free Choice Act (Link to recorded webinar).Baker Hostetler LLP - July 09, 2009 On Wednesday, July 8, 2009, Baker Hostetler's Healthcare Team presented the webinar, "Healthcare: Preparing for the Impact of the Employee Free Choice Act." With the passage of the Employee Free Choice Act (EFCA) a real possibility, what will the impact be on the Healthcare industry? What action can be taken to prepare before the Bill passes? Report Link Conference of Catholic Bishops Issues "Guidance and Options" for Health Care Unionizing.Jackson Lewis LLP - July 07, 2009 Citing concern that neither “Catholic health care, the labor movement, or the Church has been well served by the status-quo with all of its conflict and contention,” the United States Conference of Catholic Bishops (USCCB) has issued a set of nonbinding guidelines to Catholic health care employers in the United States. Report Link Ricci v. DeStafano: Supreme Court (Almost) Reconciles Conflict for Employers Under Title VIIGray Plant Mooty - July 01, 2009 Yesterday, in a much-anticipated decision, the U.S. Supreme Court held that Title VII requires employers not to discriminate on the basis of race even when they are attempting to remedy a past decision that had a negative statistical effect on minorities. The Court found that an employer could not throw out the results of a job-related test for applicants for promotions—and thereby take away promotions for the top candidates—unless the employer had “a strong basis in evidence” to believe that it would be subject to Title VII liability because of the results of the decision. Report Link What's Happening With the Employee Free Choice Act?Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - May 28, 2009 The intense lobbying over this controversial piece of legislation continues unabated. As currently drafted, the most contentious parts of the bill would amend the National Labor Relations Act to allow a union to become the certified bargaining agent for a group of employees upon a majority of those employees signing authorization for the union on cards or a petition. In addition, it would require an arbitrator to establish the terms of an initial collective bargaining agreement if the parties could not agree after 120 days of bargaining. Report Link Investor Letters Regarding EFCA.Constangy, Brooks & Smith, LLP - May 26, 2009 Constangy partner Randy Loftis is a member of the U.S. Chamber of Commerce's Labor Relations Committee. We are forwarding to you communication from the Chamber's Executive Director of Labor Law Policy so that you may be informed of the latest from Capitol Hill. As always, Constangy will keep you informed immediately as news hits. If you have questions or concerns, feel free to contact any Constangy attorney. Report Link WHAT'S UP WITH THE EMPLOYEE FREE CHOICE ACT? Reports of its Death Have Been Greatly ExaggeratedFord & Harrison LLP - May 07, 2009 With the election last November of a President and Congress more sympathetic to the interests of organized labor, union leaders looked to 2009 as the year they would finally secure passage of the controversial Employee Free Choice Act (EFCA). Congressional leaders from the House and Senate jointly introduced the proposed legislation in the current Congress in March 2009. Report Link Is There a Union in Your Future? Labor Law Reform II (pdf).Ballard Rosenberg Golper & Savitt - April 21, 2009 Though the ink is hardly dry on the economic
stimulus plan, Congressional Democrats have turned
their attention to their next big fight: easing the way
for labor organizing at companies big and small. On
March 10th, both houses of the United States
Congress introduced identical versions of the socalled
Employee Free Choice Act (EFCA) legislation
(S. 560 and H.R. 1409). This legislation is
designed to make it dramatically easier for a union to
organize your employees. Report Link A New Law Could Make Unionizing Your Employees Easy.Fredrikson & Byron, P.A. - April 20, 2009 The Employee Free Choice Act (EFCA)—recently referred to by some commentators as the Employee Forced Choice Act—is proposed national legislation that would overturn nearly 60 years of traditional labor law by amending the National Labor Relations Act, in several unprecedented and extremely significant ways. In a nutshell, companies that are not currently unionized will have a substantially increased possibility of becoming organized. Report Link EFCA Introduced In Congress.Ogletree Deakins - April 14, 2009 After much speculation, the Employee Free Choice Act of 2009 (EFCA) was introduced in the 111th Congress on March 10. The bills introduced in both the House of Representatives, H.R. 1409, and Senate, S. 560, are identical to last year's measure, which passed the House but stalled in the Senate due to a filibuster on the motion to debate the bill on the Senate Floor. This year's bills were introduced with fewer original cosponsors amid increasing concerns regarding the economic impact of "card check" and compulsory arbitration of first contracts. Report Link Specter Announces He Will Not Support Union-Backed "Card Check" Bill.Jackson Lewis LLP - March 25, 2009 Pennsylvania Senator Opposes EFCA’s Elimination of Secret Ballot in Union Representation Elections and Compulsory Arbitration of Collective Bargaining Contracts. Report Link Employee Free Choice Act in the 111th Congress: The Battle is Joined (pdf).Jones Walker - March 19, 2009 The grossly misnamed and highly controversial Employee Free Choice Act (“EFCA”) was introduced by Senators Ted
Kennedy (D-MA) and Tom Harkin (D-IA), and Representative George Miller (D-CA) in the 111th Congress on March
10, 2009 (H.R. 1409, S. 560). The legislative fight over EFCA is a battle royale between business and organized labor and
is a defining moment in the history of labor relations in the United States. The President of the U. S. Chamber of
Commerce, Tom Donahue, in a major address in Washington last week, called this legislation “Armageddon” and a
“game changer.” EFCA is clearly the most ambitious and transformative piece of labor legislation to come before
Congress since the 1935 enactment of the National Labor Relations Act (“NLRA”) and would radically alter the balance
of power between management and labor. Report Link IS THERE A UNION IN YOUR FUTURE? CONGRESS INTRODUCES EMPLOYEE FREE CHOICE ACT.Ballard Rosenberg Golper & Savitt - March 13, 2009 Yesterday, both houses of the United States Congress introduced identical versions of the Employee Free Choice Act (EFCA) legislation (S. 560 and H.R. 1409). This legislation is designed to make it dramatically easier for a union to organize your employees. Report Link The Battle is Joined: The Employee Free Choice Act Re-Introduced in the 111th Congress.Littler Mendelson, P.C. - March 12, 2009 On March 10, 2009, Senators Tom Harkin (D-IA) and Ted Kennedy (D-MA) and Representative George Miller (D-CA) formally introduced the Employee Free Choice Act (EFCA) in the 111th Congress (H.R. 1409, S. 560). There were 40 Senate co-sponsors and 223 House co-sponsors for the companion bills. Referring to the current economic crisis, Senator Kennedy said, "The Employee Free Choice Act will give these hardworking men and women a greater voice in the decisions that affect their families and their futures. Report Link Employee Free Choice Act Introduced In Congress: What Employers Can DoGray Plant Mooty - March 12, 2009 The union-backed and much-talked-about Employee Free Choice Act (EFCA) was introduced in Congress yesterday, March 10, 2009. The legislative fight over the EFCA will begin soon, although it may be delayed by some cloture-related issues, such as the seating of a second Minnesota Senator. In the meantime, employers should ensure that they are familiar with the requirements and ramifications of the new law, that they contact their representatives in Congress to express their views, and that they begin taking lawful steps to prevent unionization, which steps will help regardless of whether the EFCA becomes law. Report Link Employee Free Choice Act Re-introduced to Congress Today.Elarbee, Thompson, Sapp & Wilson, LLP. - March 11, 2009 After months of speculation regarding when the Congressional debate over the Employee Free Choice Act (EFCA) would begin, this controversial legislation was re-introduced today in both the United States Senate (S. 560) and the House of Representatives (H. 1409). As reported in previous updates and E-lerts, EFCA would eliminate secret ballot union elections, dramatically change the process by which a first collective bargaining agreement is negotiated, and significantly increase the penalties employers face for unfair labor practices without imposing stiffer sanctions for labor unions. Report Link One Step Closer to The Employee Free Choice Act.Fisher & Phillips, LLP - March 11, 2009 The Employee Free Choice Act was introduced in both houses of Congress today. The bill would allow labor unions to bypass secret ballot representation elections that have been in place for 75 years in favor of a streamlined process known as "card check." It also contains binding arbitration provisions that would allow an outside arbitrator to dictate the terms of a first contract in the event that the parties cannot reach agreement within the first four months of negotiations, and it would impose substantially increased penalties against employers who commit unfair labor practices. Report Link Big Labor's Assault on Workplace Democracy Begins.Ford & Harrison LLP - March 11, 2009 Big Labor cashed in on its support of union-friendly candidates last fall when the perversely named Employee Free Choice Act (EFCA) was introduced in the House and Senate yesterday. Labor leaders hope EFCA will be the "magic formula" that helps reestablish the power of big labor unions, which have lost thousands upon thousands of members in recent years. To view the text of the legislation as it was introduced in the House, please click here. Report Link Employee Free Choice Act Introduced in Congress.Baker Hostetler LLP - March 11, 2009 On Tuesday, March 10, the controversial Employee Free Choice Act (“EFCA”) was introduced in both the U.S. Senate and House of Representatives. The bill (H.R. 1409, S. 560), which is sponsored by House Education and Labor Committee Chair Rep. George Miller (D-California) and Senator Tom Harkin (D-Iowa), would amend federal labor laws in several critical areas, significantly impacting how employers address union organizing activity. Report Link The Battle Begins — EFCA Introduced in Congress.Buchanan Ingersoll & Rooney PC - March 11, 2009 Representatives of organized labor and management have been vigorously lining up support for and against the proposed Employee Free Choice Act (EFCA), which will radically change labor law in the United States. Yesterday, supporters of this controversial bill introduced it in Congress. EFCA promises to be at the center of political debate over the next several months, and many are reporting that passage will depend on a small umber of senators who remain undecided, including Sen. Arlen Specter (R-Pa.). This advisory highlights the key provisions of EFCA and identifies things employers should be doing now to prepare for it. Report Link "Employee Free Choice Act" Re-introduced in Congress.Jackson Lewis LLP - March 11, 2009 Union-Backed Bill to Spur Organizing Greeted with Significant Congressional and White House Support. Report Link Employee Free Choice Act Inching Closer to Becoming Law.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - March 10, 2009 President Obama this week assured the leadership of the AFL-CIO that the Employee Free Choice Act (EFCA) will be enacted. The new United States Secretary of Labor, Hilda Solis, a former union member, vowed to "fully implement" the EFCA if it becomes law. An AFL-CIO Executive Council member has predicted that the Act will pass in the next four or five months. Report Link EFCA Introduced in Congress.Ogletree Deakins - March 10, 2009 After much speculation, the Employee Free Choice Act of 2009 (EFCA) was introduced on March 10 in the 111th Congress. The new bills introduced in both the House of Representatives and Senate are identical to last year’s bill, which passed the House but was stalled in the Senate by a filibuster on the motion to debate the bill on the Senate Floor. Report Link EFCA Rumors.Constangy, Brooks & Smith, LLP - March 09, 2009 Constangy partner Mel Haas is a member of the U.S. Chamber of Commerce's Labor Relations Committee. We are forwarding to you last night's communication from the Chamber's Executive Director of Labor Law Policy so that you may be informed of the latest from Capitol Hill. As always, Constangy will keep you informed immediately as news hits. If you have questions or concerns, feel free to contact any Constangy attorney. Report Link Employee Free Choice Act: New Poll Reveals Lack of Understanding.Vedder Price - February 20, 2009 Despite millions of dollars already spent on both sides of the issue, three-quarters of Americans are completely in the dark over the Employee Free Choice Act (EFCA), a law touted by labor unions and political supporters as a way to increase unionization and improve the lives of middle-class America. And American workers are sharply divided over its merits, according to the latest national poll by the Employment Law Alliance (ELA). Report Link A New Year’s Resolution: Don’t “Get Organized” in 2009.Elarbee, Thompson, Sapp & Wilson, LLP. - February 09, 2009 “Getting organized” will take on a whole new meaning in 2009 for employers who are not prepared. President Barack Obama’s nominee for Secretary of Labor, Hilda Solis, signals his commitment to pro-labor legislation like the Employee Free Choice Act (EFCA). While a Congresswoman, Solis voted with the AFL-CIO 97% of the time, and 11 of the top 14 donors to her reelection campaign were labor unions. An outspoken advocate for EFCA’s passage, Congresswoman Solis’ nomination is expected to be followed by pro-labor appointments to the three open positions on the National Labor Relations Board. Report Link New Employment Laws to Worry About: It's Not Just About Card Check Anymore.Fisher & Phillips, LLP - February 04, 2009 Employers are rightfully concerned and even alarmed about what to expect from the new Congress and the Obama Administration. Democrats are firmly in control and owe much to organized labor and other constituencies that are not necessarily employer-friendly. So, what can healthcare expect in the new year and beyond? Report Link Executive Order Could Effectively Prevent Federal Contractors From Opposing Union Organizing Efforts.Constangy, Brooks & Smith, LLP - February 03, 2009 The new administration is moving swiftly to change the playing field between labor and management. Report Link The Employee Free Choice Act - A Post-Inauguration Update (pdf).Vedder Price - January 28, 2009 Much has been written recently
about the Employee Free
Choice Act (“EFCA”). Indeed, if
passed, it would be the most
signifi cant change in labor
relations law in decades. The
advent of the Obama
administration and a clear
Democratic majority in both
houses of Congress have many
employers focusing on changes
that the new year will potentially
bring. With the economic
recession and the apparent
lack of a fi libuster-proof
Democratic majority in the
Senate, there is discussion that
there will have to be
compromises for EFCA to pass
both houses of Congress. But
organized labor is still pushing
Congress and the new
Administration to pass the bill
unchanged, either as part of a
broader economic bill, or later
in 2009, after other priorities
work through Congress. Report Link Eliminating an Employee's Chance to Cast a Secret Ballot: The Right to Privacy and NLRB Elections.Jackson Lewis LLP - January 28, 2009 President-elect Barack H. Obama's historic journey to the White House and the Democratic Party's increased control of Congress has revitalized the hopes and dreams of organized labor of reversing the slow decline of unionization in the United States. Since the 1980s, unionization in the private-sector workforce has dropped by nearly 20%. Indeed, only 7.5% of today's private-sector workers are unionized. Report Link A FREE COUNTRY?Shaw Valenza LLP - January 19, 2009 The inauguration of President-elect Barack Obama is just a few days away. Congress will assemble with solid Democratic majorities in each house. The new administration doubtless will breathe new life into bills that have languished in Congress during the past eight years. Report Link Employee Free Choice Act Legislation Pending Before Congress.Phelps Dunbar LLP - January 12, 2009 The healthcare field is particularly vulnerable to unionization because the work performed by healthcare employees cannot be sent offshore, unlike more traditional constituencies, such as manufacturing jobs. The political winds of change are blowing and major changes regarding how employees select union representation are coming and employers need to be planning for these changes now. Report Link Unions Claim Credit for Obama Win – and Expect Big Payback.Constangy, Brooks & Smith, LLP - December 17, 2008 Immediately after the victory of labor-backed Senator Barack Obama, both the AFL-CIO and Change To Win federations praised the win as the beginning of a new era in workers’ rights. AFL-CIO President John Sweeney called the Obama victory in the presidential race and the Democratic majorities in the House and Senate a working families’ mandate for “broad-based economic change.” Report Link UFCW Is “In” at Smithfield, Shortly After RICO Suit Settled.Constangy, Brooks & Smith, LLP - December 17, 2008 On December 12, 2008, the NLRB announced that the United Food and Commercial Workers Union won an election at Smithfield Foods’ pork processing plant in Tar Heel, North Carolina. The UFCW has been seeking to represent the Tar Heel workers for more than 15 years. Report Link What a Racket!Constangy, Brooks & Smith, LLP - December 17, 2008 The New York Court of Appeals, New York’s highest court, recently ruled that Local 32BJ of the Service Employees International Union was properly enjoined from announcing its presence outside the Empire State Building with a “banging racket” of drumming on metal pots and tin cans. Report Link "Change Will Happen" - The Future of Workplace Law under President-Elect Barack Obama.Jackson Lewis LLP - December 11, 2008 As President-elect Barack Obama selects members of his Cabinet and prepares for his transition into the Presidency, he and a sweeping Democratic majority in both the House and the Senate will be pursuing a number of significant pieces of federal workplace legislation. Many of these employment law measures successfully passed the House of Representatives in 2007 and again in 2008, only to be blocked in the Senate. Moreover, appointments by President-elect Obama to the Supreme Court, the federal judicial bench, and administrative agencies such as the Equal Employment Opportunity Commission are likely to impact dramatically the cost of resolution of employment disputes. Report Link 2008 Elections Cause Concern Among Employers.Ogletree Deakins - December 04, 2008 In a historic and hard-fought election, Senator Barack Obama was elected the 44th President of the United States earlier this month. President-elect Obama will be the first African-American president in the country's history. Report Link The EFCA Problem For Retailers.Fisher & Phillips, LLP - December 03, 2008 Gallons of ink have been spilled by lawyers and journalists concerning the Employee Free Choice Act (EFCA). But this law is likely to have a particular effect on retailers, and retailers – more so than other employers – should start planning for the worst now. Report Link The Likely Rise Of Unionization In The New Political Environment.Barker Olmsted & Barnier - December 03, 2008 The idea of revamping the National Labor Relations Act in favor of unions has been floating around for some time now, but legislation has stalled. No more. At the dawn of a new political regime, employers are bracing for monumental change. Report Link Employee Free Choice Act: What It Means and Why Non-unionized Employers Should Care.Fredrikson & Byron, P.A. - November 26, 2008 The Employee Free Choice Act (EFCA) is proposed national legislation that would overturn nearly 60 years of labor law by amending the National Labor Relations Act (Act) in several unprecedented ways.
The U.S. House of Representatives passed the EFCA last March by a significant margin (241-185). While 51 Senators supported the bill, it stalled in the Senate because of a threatened filibuster. Most commentators expect that it will ultimately pass the new Senate and be signed by President Obama in some form. Report Link The EFCA, Organized Labor's Legislative Agenda and Its Impact on Your Business.Fisher & Phillips, LLP - November 25, 2008 Organized labor's membership in the private sector has plummeted below 8 % – an all time low. To address this problem, unions have turned to an aggressive legislative agenda designed to tilt the scales in their favor. Among the items on their priority list are the Employee Free Choice Act (EFCA) and the Re-Employment of Skilled and Professional Employees and Construction Tradeworkers Act (RESPECT Act). Report Link Employee Free Choice Act -- Overview and Preparation (pdf).Jones Walker - November 25, 2008 The recently concluded Presidential and Congressional elections have organized labor
salivating over the likely passage of the so-called and grossly misnamed Employee Free
Choice Act (“EFCA”). EFCA, which actually would eliminate “employee free choice”
concerning unionization, is at the very top of organized labor’s very aggressive legislative
agenda and enjoys the strong support of President-elect Barack Obama. You cannot
underestimate how dramatically the enactment of this misguided and ham-handed legislation
could change your workplace and jeopardize your business and the livelihoods of
your employees. The proposed law is nothing short of a power grab by unions. At this
point, EFCA is still only proposed legislation, and no one knows exactly what form it
will take upon final passage. One thing is certain, however: with strong Democrat majorities
in both the House and Senate, and a President who is eager to sign the legislation,
EFCA is certain to become law in some form, and employers need to begin preparing
for it now. Report Link Major Changes to the Labor Law Are On Their Way - All Employers (Union and Non-Union) Need to Be Ready Gray Plant Mooty - November 18, 2008 The Employee Free Choice Act (EFCA), also known as the “Card Check bill” and discussed in the media in terms of its effect on worker secret ballots, has been the number one legislative priority of unions in this election year. The bill focuses on making it easier to remove “obstacles” to union organizing, such as an employer’s right to insist on a secret ballot election. Many Democrats in Congress and President-Elect Obama have expressed support for the EFCA, so it is considered very likely that it will become law early in 2009. If it does, it will be the most significant change to the federal labor law in 40 years or more. Both union and non-union employers need to be prepared for the likely enactment of this law, which will make it much easier for a workplace to become “unionized” and is likely to lead to a tremendous increase in union organizing activity. Report Link EFCA Would Materially Change U.S. Labor Laws.Buchanan Ingersoll & Rooney PC - November 17, 2008 The proposed Employee Free Choice Act (EFCA) is the most significant workplace reform legislation pending before Congress. If passed, it would materially change federal labor law. First, it would all but eliminate secret ballot elections by allowing unions to obtain representative status through presentation of authorization cards signed by a majority of employees. Second, it would essentially take from the employer and union the right to bargain the terms of their initial collective bargaining agreements by requiring a government-appointed arbitrator to set binding terms for two years if the parties cannot agree after 120 days of bargaining. Third, the EFCA would make much more strict the penalties for employer (but not union) labor law violations during organizing campaigns and first contract negotiations. Report Link Unions Continue to Covet Healthcare Workers: Is Your Hospital Ready?Fisher & Phillips, LLP - November 06, 2008 By now, most hospital and healthcare leaders recognize that their employees represent an increasingly inviting organizing target for unions such as the Service Employees' International Union (SEIU) and the California Nurses Association (CNA). If any question remains, it is "when," not "if" one or more unions will mount some sort of an offensive at your facility. Report Link Obama Presidential Election Victory Could Lead To Dramatic Increase in Unionization of Employers in the U.S.Littler Mendelson, P.C. - November 06, 2008 The historic election of Senator Barack Obama as the next President of the United States, coupled with the Democratic Party increasing its majority in the U.S. Senate and increasing its majority in the U.S. House of Representatives, greatly increases the chances of passage of legislation making it much easier for unions to organize employers in the U.S. Report Link Is The Sky Falling for Union-Free Employers?Elarbee, Thompson, Sapp & Wilson, LLP. - November 05, 2008 After Barack Obama's historic win in yesterday's election, union-free employers will now confront the equally historic impact of the Employee Free Choice Act (EFCA). The EFCA allows union representation of employees without an election if a majority of employees sign union cards, while eliminating an employer's six week campaign to convince employees they should vote "no" to unionization in a secret ballot election. Report Link Union Representation Without An Election? A Reality That Could Be Closer Than You Think.Baker Hostetler LLP - October 31, 2008 Democrats in Congress have promised to pass the Employee Free Choice Act (EFCA) and, if elected, Senator Obama has promised to sign it. EFCA will amend the National Labor Relations Act (NLRA) to take away employees' rights to secret ballot elections and allow union recognition by card checks only. EFCA will also require binding arbitration of first contracts after 120 days so that an arbitrator (not the employer) will set wages and benefits for the first two years of the relationship. Finally, EFCA stiffens penalties for employers who misstep during an organizing drive or a first contract negotiation. Report Link Key Proposed Federal Legislation Pending – The Employee Free Choice Act.Phelps Dunbar LLP - October 28, 2008 On March 1, 2007, the House passed H.R. 800. The comparable Senate Bill S.1041 was withdrawn after a motion to invoke closure failed. Among other things, the bill provides that the NLRB will certify a union that files a petition supported by authorization cards signed by a majority of employees in an appropriate bargaining unit rather than directing an election. Under current law, an employer may refuse to recognize a union in the face of such proof of majority status and force the union to file a petition for an NRLB conducted secret ballot election. Report Link "EFCA”: The Time for Awareness and Prevention Is Now (pdf).Jackson Lewis LLP - October 22, 2008 Can you correctly answer the following multiple choice question? Report Link Mandatory First Contract Interest Arbitration.Jackson Lewis LLP - October 07, 2008 The Employee Free Choice Act (“EFCA”) may become law in 2009 in the United States if Barack Obama is elected President and if a few more lawmakers are convinced to support the law. In 2007, EFCA was passed by the House of Representatives only to fail to overcome a filibuster in the Senate. However, the promise of a veto by President George W. Bush made enactment in 2007 only a slim possibility. Report Link The EFCA: Organized Labor's Legislative Agenda and Its Impact on Your Business.Fisher & Phillips, LLP - September 22, 2008 Organized labor's density in the private sector has plummeted below 8% – an all time low. To address this problem, unions are increasingly turning to an aggressive legislative agenda designed to tilt the scales in their favor. Among those items at the top of their priority list are the Employee Free Choice Act (EFCA) and the Re-Employment of Skilled and Professional Employees and Construction Tradeworkers Act (the RESPECT). Report Link Third Circuit Affirms Union's Liability Under Driver's Privacy Protection Act.Buchanan Ingersoll & Rooney PC - September 17, 2008 A common union tactic during organizing campaigns is to gather the names and addresses of the targeted company's employees and then visit the homes of the employees for the purpose of promoting the union. In an important recent case, however, the Third Circuit Court of Appeals ruled that a union cannot use motor-vehicle records to gather such information. Pichler v. UNITE, __ F.3d __, 2008 WL 4138410 (3d Cir. Sept. 9, 2008). In Pichler, the court affirmed a ruling finding the Union of Needletrades, Industrial and Textile Employees AFL-CIO (UNITE) liable under the federal Driver’s Privacy Protection Act (DPPA) for accessing and using motor-vehicle records to contact employees of an employer targeted for organization. Report Link The Employee Free Choice Act - Changing Union Organizing As We Know It.Vedder Price - September 09, 2008 Congress is contemplating the
fi rst signifi cant revision to the
National Labor Relations Act in
over 70 years. Dubbed the
Employee Free Choice Act
(“EFCA”), this proposed
legislation threatens to curtail
two fundamental rights of
American employees and
employers: (i) the right to
accept or reject union
representation through a secret
ballot election and (ii) the right
to freely negotiate a collective
bargaining agreement. Unions
are counting on EFCA to
invigorate union organizing
efforts nationwide, which have
been languishing for decades. Report Link Malls' Limits on Speech That Are Unconstitutional Under California Charter Also Violate NLRA.Jackson Lewis LLP - September 04, 2008 A federal appeals court in San Francisco, disapproving of a California shopping mall operator’s rules banning various speech-related activities on mall property for violating the state constitution, has held that the operator also ran afoul of the National Labor Relations Act. The U.S. Court of Appeals for the Ninth Circuit enforced, in part, the NLRB’s order finding that the property manager had engaged in unfair labor practices in seeking to halt union picketing and handbilling. However, it refused to back the NLRB’s ruling that certain of the mall’s rules were lawful time, place and manner restrictions on speech. Report Link The Employee Free Choice Act: A Critical Analysis (pdf).Littler Mendelson, P.C. - August 28, 2008 The Employee Free Choice Act of 2007 (EFCA) is likely to be re-introduced in Congress in some form in the next session. If enacted, the EFCA would result in the most sweeping changes to the National Labor Relations Act (NLRA) since the original Wagner Act was passed in 1935. Organized labor has made passage of the EFCA one of its top priorities, and the election of a Democratic majority in the House and Senate, and of presumptive Democratic Presidential Nominee, Senator Barack Obama, one of the co-sponsors of the EFCA in the Senate, would virtually guarantee passage of the EFCA in some form. Report Link Employee Free Choice Act: Ready Or Not?Ford & Harrison LLP - August 18, 2008 Employers are encouraged to monitor the status of the Employee Free Choice Act (EFCA), which is a proposed amendment to the federal labor law that governs employer-union relations at employers other than airlines and railroads. EFCA would eliminate secret ballot elections as the way for employees to decide whether to have union representation; this would be replaced with a "card check" procedure that would result in certification of the union if a majority of employees in an appropriate work group simply sign union cards. This would make it much easier for a union to become the collective bargaining representative of a group of employees at a company. In addition, EFCA would change significantly the process for negotiating a first contract. Changes would include mandatory government-run arbitration to establish the terms and conditions of employment in the initial contract if the parties cannot reach agreement during direct and mediated negotiations. Report Link The Second Circuit Reinforces the Right of Property Owners to Exclude Nonemployee Union Organizers from Their Premises.Littler Mendelson, P.C. - August 05, 2008 On July 18, 2008, the United States Court of Appeals for the Second Circuit issued a favorable decision for private property owners who wish to prevent nonemployee union organizers from accessing their property. In Salmon Run Shopping Center LLC v. National Labor Relations Board, Case 06-4961 (2d Cir. July 18, 2008), the court refused to enforce a National Labor Relations Board order requiring a private shopping mall to allow nonemployee union organizers to distribute to mall patrons literature critical of a mall tenant. Report Link The Return of Labor.Fisher & Phillips, LLP - August 04, 2008 The election looms. No one can say with certainty what the results will be. The political scene may shift dramatically in a few months. But organized labor is as excited as a child on Christmas Eve. Conventional wisdom feeds this optimism. Report Link Customer Service or Union Organizing – NLRB Sets Hotel Priorities.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - August 01, 2008 A recent decision of the National Labor Relations Board (NLRB) addressed several work rules that impact the hospitality industry. The first rule raised the question of to what extent a hotel can lawfully control the solicitation and distribution activities of its employees on the hotel's premises. Report Link NLRB Order Overturned in Shopping Mall Case.Buchanan Ingersoll & Rooney PC - July 25, 2008 The U.S. Court of Appeals for the Second Circuit recently overturned a 2006 National Labor Relations Board (NLRB) ruling against the operator of an enclosed shopping mall in Watertown, New York. Salmon Run Shopping Center v. N.L.R.B., No. 06-4961 (2d Cir. Jul. 18, 2008). The NLRB held that the mall violated the law by denying the Carpenters Union permission to distribute two flyers to the public inside the mall. One flyer listed the benefits of union membership and the second flyer alleged that a non-union contractor doing work for a retailer/tenant of the mall did not pay "area standard" wages. Report Link [Health Care] Union Infighting: What it Means for Health Care Employers (pdf).Jackson Lewis LLP - July 23, 2008 In March 2008, the Catholic Healthcare
Partners (CHP) hospital chain of Ohio and the
Service Employees International Union (SEIU),
District 1199, agreed to an unusual “no campaign”
pre-election period. With SEIU’s support,
CHP filed an “RM petition” with the
National Labor Relations Board (NLRB) calling
for an election among the health system’s nurses
to decide whether to be represented for the
purposes of collective bargaining by the SEIU. Report Link Union Schedules Anti-Buyout-Firms "Day of Action".Jackson Lewis LLP - July 14, 2008 At the June quadrennial convention of the Service Employees International Union in Puerto Rico, the union announced that it was planning a “global day of action,” called “Take Back the Economy,” on July 17, 2008. The union, which claims two million members, denies that the action simply is to protest the private equity industry, but that seems to be exactly the case. Report Link Employee Free Choice Act Tops Presidential Hopeful's Agenda.Jackson Lewis LLP - July 09, 2008 Senator Barack Obama has given new impetus to a bill that would change the nation's labor law to a degree unknown since 1947. Although no action has been taken on the Employee Free Choice Act ("EFCA") since its passage by the United States House of Representatives in March of last year, the presumptive Democratic presidential nominee has revitalized interest in the labor-backed measure by placing it high on his political agenda and announcing support for it recently at a major union convention. Key components of the legislation, changes the bill would make to current law if enacted, and possible issues the National Labor Relations Board (the "Board") and the courts would face have been described on this site previously and are summarized here for our readers' convenience. Report Link Company's RICO Case Can Proceed Against Union Waging Corporate Campaign, Judge Says.Jackson Lewis LLP - June 09, 2008 Refusing to dismiss a civil Racketeer Influenced and Corrupt Organizations Act ("RICO") suit against the United Food and Commercial Workers ("UFCW"), a federal judge in Virginia has held that the plaintiff company adequately alleged extortion and a "pattern of racketeering activities" in its complaint against the union and other defendants. Report Link Hospitality Labor Letter: Box Score (Spring 2008).Fisher & Phillips, LLP - June 05, 2008 There have been 24 union petitions at hospitality employers, that we are aware of, filed since the beginning of 2008. Report Link Prohibition on Union Buttons May Violate National Labor Relations Act.Ogletree Deakins - June 03, 2008 The 9th U.S. Circuit Court of Appeals has overturned a decision by the National Labor Relations Board related to a hospital’s prohibition on union buttons. According to the Ninth Circuit, prohibiting the buttons violated nurse/employees’ rights under the National Labor Relations Act. Report Link Ninth Circuit Rejects NLRB's Ruling That Restricted Nurses' Right to Wear Certain Union-Related Buttons.Littler Mendelson, P.C. - June 02, 2008 In 2006, the National Labor Relations Board held in Sacred Heart Medical Center that employers had the right to restrict the wearing of union-related buttons and other insignia in immediate patient care areas. See Littler's July 2006 ASAP "Increasing Employer Control: The NLRB Significantly Restricts Nurses' Right to Wear Certain Union-Related Buttons."
Subsequently, the Washington State Nurses Association (WSNA) filed a petition with the United States Court of Appeals for the Ninth Circuit requesting a review of the NLRB decision. The Ninth Circuit granted the petition and, on May 20, 2008, issued a ruling remanding the case with directions for the Board to reinstate findings that the hospital's button ban violated the rights of employees under the National Labor Relations Act (NLRA). (Washington State Nurses Ass'n v. NLRB, 9th Cir., No. 06-74917, 5/20/08). Report Link Restrictions on Hospital Employees' Wearing of Union Message Buttons Rejected by Court of Appeals.Jackson Lewis LLP - May 23, 2008 The U.S. Court of Appeals for the Ninth Circuit has ruled that the National Labor Relations Board ("NLRB") had insufficient support for its finding of "special circumstances" that allowed a Spokane, Washington, hospital to prohibit nurses from wearing a button that said "RNs Demand Safe Staffing" in any area where they may encounter patients or family members. Report Link Unions Maintain Focus On Healthcare Employers.Fisher & Phillips, LLP - May 06, 2008 While their overall membership rates continue to decline, unions remain focused on attracting and organizing new dues-paying members in the relatively untapped healthcare market. Maintaining a historic trend, union membership dropped again last year; it's now less than 9% of the private sector workforce, roughly 12.0% counting public employers. Report Link Cute Titles for Bad Laws: A look at union-sponsored federal legislation.Fisher & Phillips, LLP - May 05, 2008 Most of our readers have heard of the "Employee Free Choice Act" (EFCA). The bill passed the U.S. House of Representatives, but was subject to a Republican Party filibuster in the Senate. This union and Democratic Party-sponsored legislation would eliminate secret ballot elections regarding union representation in a workplace, and instead make such representation automatic and mandatory if more than 50% of employees in a bargaining unit signed union authorization cards. Report Link Auto Dealership Update: Unions Push on Several Fronts.Fisher & Phillips, LLP - May 02, 2008 Organized labor's efforts to unionize auto dealerships continued unabated during 2007. While these efforts will no doubt continue in 2008, federal legislative changes loom on the horizon which, if enacted, will significantly increase the number of successful unionization efforts. Regardless of whether these changes are implemented, dealerships should consider implementing an updated pre-campaign strategy designed to anticipate and adapt to labor's evolving unionization efforts. Report Link California Nurses Association Launches New Wide-Ranging Mail Campaign.Fisher & Phillips, LLP - April 15, 2008 Fresh from its "victory" in an election at Cypress Fairbanks Hospital in Houston, the California Nurses Association (CNA) has wasted no time in launching a wide-spread direct mail campaign that targets registered nurses in several states. The full color tri-fold campaign pieces, which have been arriving in nurses' homes during the past 10 days, include union authorization cards. At a minimum, nurses in Texas, Florida, North Carolina, South Carolina, Georgia, Kentucky and Illinois have received these mailers. Report Link Nurses at Houston Area Hospital Vote for Union Representation.Baker Hostetler LLP - April 14, 2008 On March 28, 2008, registered nurses at Cypress Fairbanks Medical Center Hospital (Cypress Fairbanks) outside of Houston, Texas voted 119-111 for representation by the California Nurses Association (CNA) in a landmark election conducted by the National Labor Relations Board. Although there were nearly 300 eligible voters, only about 80% of the nurses voted in the election. This is believed to be the first group of healthcare workers in the state of Texas to vote for union representation. Report Link Houston Nurses Vote for Unionization.Fisher & Phillips, LLP - April 08, 2008 It has been no secret that high-profile unions are devoting considerable resources to their attempts to organize employees in the healthcare industry. Bolstered by success in California, New York, Illinois and Florida, the California Nurses Association (CNA) and the Service Employees International Union (SEIU) have now set their sights on the vast, relatively untapped state of Texas. Report Link Guidelines For Investigation of "Salting" Claims Issued.Ogletree Deakins - April 01, 2008 On February 15, 2008, the Office of the General Counsel for the National Labor Relations Board (NLRB) issued two guideline memoranda to Regional Directors, Officers-in-Charge, and Resident Officers, outlining the NLRB's rationale in two recent decisions, and providing guidance for analyzing, investigating, and pleading union "salting" claims in light of those decisions. Report Link Pay Attention to Today’s “Reorganized Labor” (pdf).Jackson Lewis LLP - March 17, 2008 Back in 2005, when many unions were pulling out of the huge labor federation AFL-CIO, organized labor’s power seemed on the decline. Now, three years later, with plenty of money to spend, the organized labor movement is roaring again. “Labor leaders see the 2008 presidential election as an ace in the hole, expecting a new administration and federal legislation that would make union organizing far easier,” says HR Magazine’s insightful article, “Reorganized Labor” Report Link 9th Circuit Upholds Casino's Right to Express Opinions on Unionization.Fisher & Phillips, LLP - March 12, 2008 The rule of thumb for employers facing union campaigns dictates that managers may offer employees facts about unions, their opinions on unions in general, or their personal experiences in previous dealings with unions. The general limitation on this rule is that employers may not threaten employees, interrogate or spy on them, or promise benefits in exchange for opposing the union. Report Link Labor Board Approves Restrictive E-mail Policies (pdf).Ballard Rosenberg Golper & Savitt - February 13, 2008 The NLRB just announced new guidelines for private sector employers. Report Link Labor Board Ruling May Empower More Aggressive Pushback Against Union Corporate Campaign Tactics.Jackson Lewis LLP - October 12, 2007 Addressing a dispute that began 20 years ago, the National Labor Relations Board has issued a new standard for determining when employer legal action challenging union campaign tactics is lawful. Following a long trail of litigation, including a Supreme Court decision in 2002, in BE&K Construction Co., 351 N.L.R.B. No. 29 (Sept. 29, 2007), the Labor Board has held that "the filing and maintenance of a reasonably based lawsuit does not violate the [NLRA], regardless of whether the lawsuit is ongoing or completed, and regardless of the motive for initiating the lawsuit." This ruling may provide employers with additional tools for pushing back against union corporate campaign tactics through “reasonably based” legal recourse, such as allegations of labor law and antitrust violations, even if ultimately unsuccessful. Report Link Labor Board Rule on Voluntary Union Recognition and First Bargaining Tilts Balance Towards Employee Choice.Jackson Lewis LLP - October 09, 2007 In a case of interesting and unexpected alliances, employees, unions, employers, business groups, politicians, and labor lawyers are sorting through the details and implications of the decision by the National Labor Relations Board on the right of employees to challenge employers' voluntary recognition of a union. The somewhat surprising result of the litigation that began in 2003 strikes a compromise that the Labor Board says provides "greater protection for employees' statutory right of free choice" to decide whether and which union will represent them in collective bargaining with their employers. Report Link NLRB Requires Applicants Show a Genuine Interest in Employment to be Protected by NLRA.Ford & Harrison LLP - October 09, 2007 The National Labor Relations Board (NLRB) recently issued four decisions that are good news for both unionized and union-free employers. This Alert addresses the holding in Toering Electric Co., Cases 7-CA-37768, 7-CA-39093, and 7-CA-39205 (Sep. 29, 2007), a 3-2 decision critical of the union practice of submitting batch applications by union “salts” uninterested in actually working for the targeted employer. Recognizing that these applications are frequently submitted for the sole purpose of generating meritless unfair labor practice charges, the Board held that such individuals are not protected by the NLRA’s prohibition on discrimination. “In our view submitting applications with no intention of seeking work but rather to generate meritless unfair labor practice charges is not protected activity.” Report Link NLRB Modifies "Recognition Bar" Doctrine to Permit Employees and Rival Unions to File Election Petitions.Littler Mendelson, P.C. - October 09, 2007 Employers faced with a union demand for voluntary recognition, or to enter into a "card-check," "neutrality" or other organizing agreement leading to voluntary recognition, need to be aware of a new decision by the National Labor Relations Board (NLRB or "the Board") affecting the legal and practical implications of these arrangements. Report Link National Labor Relations Board Voids Coerced Union Project Labor Agreement.Littler Mendelson, P.C. - September 11, 2007 The National Labor Relations Board (NLRB or "the Board") has released its decision in Glens Falls Building and Construction Trades Council (Indeck Energy Services, Inc.), 350 NLRB No. 42 (2007) that could have a profound effect in slowing the growing use by labor organizations of corporate campaigns to force construction project owners to accept the imposition of costly union-only project labor agreements on their projects. Report Link NLRB To Hold Oral Argument in Las Vegas Organizing Case.Ford & Harrison LLP - September 07, 2007 The National Labor Relations Board announced on September 4 that it will hold oral arguments in a long-pending Las Vegas restaurant organizing case that will impact employers far beyond the glitz and glitter of the Las Vegas Strip. At issue are the rights of contractor employees to conduct organizing activities on the property of the employer who is contracting for their services. Report Link Zounds! Tough Talk About Bargaining No Threat To Knights And Squires.Fisher & Phillips, LLP - August 09, 2007 Employers who have been involved in union election campaigns know that it's important to educate employees on all aspects of unionism, in order to counter the union's often pie-in-the-sky promises of more money, better benefits, and a chicken in every pot. Report Link Unions Target Healthcare Industry With New Organizing Tactics.Ogletree Deakins - July 30, 2007 Organized labor has a new target in sight - the healthcare industry - and it has begun using creative ways to make an initial contact and to identify individuals who might be receptive to the union's message. Contacts have focused on social activism, legislative efforts, and improving the quality of patient care, although these issues may not be the union's true organizing objective. Report Link SEIU Establishes New National Healthcare Union.Ogletree Deakins - July 30, 2007 The Service Employees International Union (SEIU) recently announced the creation of a "new national healthcare union" called "SEIU Healthcare." This major initiative could have significant ramifications on union organizing in healthcare. Report Link Senate Will Not Vote on "Employee Free Choice Act".Ford & Harrison LLP - July 02, 2007 Supporters of the so-called "Employee Free Choice Act," which would eliminate an employee's right to vote on whether to be represented by a union, failed to garner enough support in the Senate to close debate on the bill and proceed to final consideration. Thus, although the House approved the legislation in March, no further action will be taken on it during this Congressional term. Report Link "Employee Free Choice Act" Defeated in Senate.Jackson Lewis LLP - June 28, 2007 The union-backed Employee Free Choice Act has failed to clear the Senate. Report Link Construction Company's Discharge Of Union "Salt" Held Unlawful.Ogletree Deakins - June 28, 2007 The federal appellate court with jurisdiction over South Carolina employers recently ruled against a nonunion employer who fired an employee for dishonesty after he started distributing union materials. According to the Fourth Circuit Court of Appeals, there was sufficient evidence that the employer, which did not thoroughly investigate the dishonesty allegation, was motivated by anti-union animus. Report Link Senate to Consider "Employee Free Choice Act"Ford & Harrison LLP - June 20, 2007 This week the U.S. Senate will vote on the so-called Employee Free Choice Act (EFCA), which would eliminate employees' right to vote on whether they want to be represented by a union in the workplace. As we discussed in a previous Legal Alert, this legislation would require the National Labor Relations Board (NLRB) to certify a union as the representative of employees whenever the NLRB finds that a majority of a company's employees in an appropriate bargaining unit have signed union authorization cards. The legislation would eliminate the NLRB’s secret ballot elections process, often referred to as the NLRB’s crown jewel, which ensures workers can express their opinion regarding union representation without coercion by either party. Report Link NLRB Adopts New Evidentiary Standard for Establishing "Salt" Backpay Period.Jackson Lewis LLP - June 14, 2007 The National Labor Relations Board has relieved employers of the burden of proving a union "salt" discriminatorily denied employment would not have worked the entire back pay period claimed by the NLRB General Counsel. In a 3-2 ruling, a Board majority, consisting of Chairman Robert J. Battista and Members Peter N. Kirsanow and Peter C. Schaumber, held that the General Counsel now will be required, "as part of his existing burden of proving a reasonable gross back pay amount due, to present affirmative evidence that the salt/discriminatee, if hired, would have worked for the employer for the back pay period claimed in the General Counsel's compliance specification." Report Link The Perils of Union Activism Have Been Greatly Exaggerated.Littler Mendelson, P.C. - June 12, 2007 The ALF-CIO and other proponents of the Employee Free Choice Act have argued that many union organizing campaigns are defeated because employers illegally terminate union supporters. In this article, Littler's David Christlieb and Allan King analyze the empirical support for these claims. Specifically, the AFL-CIO, the lawmakers supporting the EFCA, and the news media have focused on three studies which claim that employers commonly fire union supporters. However, of these three studies, two are based on surveys of union organizers themselves. The third study is based on outdated or unproven assumptions applied to National Labor Relations Board statistics. Thus, this article concludes that there is no empirical support for the statistical arguments made in favor of the EFCA. Report Link Employers Beware! The Employee 'Free Choice' Act ... Which is Anything But 'Free Choice'Buchanan Ingersoll & Rooney PC - March 06, 2007 Over the past several years, the percentage of organized labor in the private sector has steadily declined in the United States to less than 8 percent. Unfortunately for employers, this decline may come to a screeching halt, and the pendulum may begin to swing in the opposite direction with lightning speed. Report Link Employee Free Choice Act Quickly Passed By House: Next To The Senate.Jackson Lewis LLP - March 06, 2007 Flooring the accelerator on the "Employee Free Choice Act" -- legislation that would fundamentally alter the balance of labor relations in the United States to favor unions -- the House of Representatives on March 1 passed the controversial measure (H.R. 800). Report Link Union Forced Card Check Bill Passes House by Wide Margin... Next Step The U.S. Senate.Ogletree Deakins - March 06, 2007 Today, the U.S. House of Representatives voted 241-185 to pass H.R. 800, the misnamed "Employee Free Choice Act (EFCA) of 2007." With its passage by the House, organized labor's efforts to overhaul the Nation's labor laws cleared its first legislative hurdle. The bill now goes to the U.S. Senate that will take up either the House-passed bill or a companion bill to be introduced by Senate Health, Education, Labor and Pensions Committee Chairman Edward Kennedy (D-MA). Report Link Unions Urge Congress To Eliminate Secret-Ballot Elections (pdf).Fisher & Phillips, LLP - February 22, 2007 It seems incredible that, in America of all places, arguments must be
mustered to support the idea of a secret-ballot election. Yet that is
exactly the situation in the current Congress. Rep. George Miller
(D-CA), current chairman of the House Education and Labor
Committee, has introduced the oddly-named “Employee Free Choice
Act,” (EFCA) perhaps better known as the “card check” bill. Its purpose
is to eliminate the right of employees to decide via secret ballot whether
they wish to be represented by a labor union or not. Report Link The Employee Free Choice Act: It's More than Just a Misleading Name.Littler Mendelson, P.C. - February 21, 2007 The Employee Free Choice Act (EFCA), introduced into the U.S. House of Representatives on February 5, 2007, would amend the National Labor Relations Act (NLRA) to change dramatically the world of both union organizing and bargaining over first time labor agreements. The proposed law, which also will soon be introduced into the U.S. Senate, would constitute the most significant change to the NLRA in its over 70-year history. Report Link Fourth Circuit Enforces NLRB Order Supporting Union Salt.Ford & Harrison LLP - February 20, 2007 The Fourth Circuit Court of Appeals recently enforced an order of the National Labor Relations Board (NLRB or the Board), finding that an employer violated the National Labor Relations Act (NLRA) by terminating a union salt for alleged dishonesty. See Integrated Elec. Servs. d/b/a Primo Elec., 4th Cir., No. 05-2289, unpublished opinion 2/13/07. The decision by the typically conservative court illustrates the risk in being overzealous in enforcing workplace rules in order to eliminate open union supporters and thereby thwart organizing activity. Report Link New Congressional Leadership Introduces Union Organizing Measure To Guarantee Union Contracts (pdf).Ogletree Deakins - February 14, 2007 New Congressional Leadership Introduces Union Organizing Measure To Guarantee Union Contracts. Report Link Employee Free Choice Act Reintroduced in Congress: The Battle Begins.Jackson Lewis LLP - February 13, 2007 Organized labor has taken another big step to fast-track its highly publicized agenda in the new Democratically-controlled Congress. Its legislative allies have reintroduced the paradoxically named “Employee Free Choice Act,” a bill that virtually would end 70 years of NLRB-supervised secret-ballot representation elections, require employers to recognize unions based on union authorization cards signed by employees with little appreciation of their significance, to say nothing of the adverse consequences of union representation, give arbitrators authority to write first-time collective bargaining contracts when employers are unable to reach agreement with the employees’ newly certified representative after 90 days, and impose significant financial and other penalties on employers who violate employees’ rights during a union organizing campaign or first contract drive. Report Link Unions Expect Help from New Congress (pdf).Ogletree Deakins - January 26, 2007 Sieck guaranteed success in organizing, mandated contracts. Report Link What’s Next on the Congressional Agenda, an Easier Path to Organizing?Ford & Harrison LLP - January 15, 2007 The potential hike in the federal minimum wage rate may not be the most significant legislation considered by the Democrat-controlled Congress this year. While the proposed minimum wage increase (an increase in stages over a two-year period, resulting in a $7.25 per hour minimum wage) will likely impact many employers, especially small businesses, employers should be more concerned about the so-called “Employee Free Choice Act,” which was introduced in 2005. Report Link Discipline of Public Employee at County Hospital for Wearing Pro-Labor Union Button Upheld (pdf).Phelps Dunbar LLP - December 04, 2006 The United States Fifth Circuit Court of Appeals
has jurisdiction to hear cases from the federal district
courts in Louisiana, Mississippi and Texas. Typically, a
three-judge panel will review an appeal. Occasionally,
for important or novel issues, the entire court will review
a lower court decision in what is known as an “en banc”
decision. An en banc ruling came out just this month in
the seminal decision of Communications Workers of America
v. Ector County Hospital District, No. 03-50230 (5th Cir.
10/5/06) (en banc). Report Link Ninth Circuit Forbids California Employers From Using State Funds To Address Union Organizing.Littler Mendelson, P.C. - October 05, 2006 In a divided decision with far-reaching implications, the United States Court of Appeals for the Ninth Circuit, sitting en banc, ruled that the State of California can forbid entities that accept state money from using that money to deter union organizing. Chamber of Commerce v. Lockyer, No. 03-55166 (Sept. 21, 2006). This is the third time since April 2004 that the Ninth Circuit has issued a decision in the case. The previous decisions, however, both held that California's prohibition on using state funds to deter union organizing was preempted by the National Labor Relations Act (NLRA). This latest decision will affect any entity that receives state funds or contracts with the State. In order to minimize the decision's effects, employers may want to set up separate accounting systems for money received from the State and money that comes from other sources. Such a dual system should allow employers to easily show that they have not spent any state funds on union organizing. Report Link CA Court Reverses Prior Ruling, Upholds Law Restricting Employer Communications on Union Organizing.Jackson Lewis LLP - September 26, 2006 Striking a significant blow to non-union employers, on September 21, 2006 the U. S. Court of Appeals for the Ninth Circuit reversed two prior decisions and upheld a California law effectively mandating that employers remain neutral when facing union organizing. Since the statute covers virtually any expense related to union organizing, including payment for legal consultation regarding the rights and restrictions on communications with employees during organizing drives, it is critical that any covered employer wishing to oppose union organizing develop a compliance strategy before union organizing begins. Report Link A New Weapon To Combat Union Corporate Campaigns.Elarbee, Thompson, Sapp & Wilson, LLP. - September 15, 2006 In 2005, a number of the nation’s largest and most powerful unions formed the Change to Win Coalition with the stated intent to devote significant resources toward organizing and rebuilding the union movement. This new focus on organizing, however, does not necessarily include National Labor Relations Board (NLRB) representation elections. Report Link Union barred from photographing workers during organizing campaign (pdf).Ogletree Deakins - September 11, 2006 NLRB finds no legitimate justification for the conduct. Report Link In a Blow to Union Corporate Campaigns, Federal Court Invalidates Maryland Health Care Law.Jackson Lewis LLP - July 24, 2006 New strategies for union organizing have included, among other tactics, the "corporate campaign," an approach that targets an employer's vulnerabilities and exploits them in an orchestrated effort to weaken the employer's resistance. Union pressure sometimes extends to lobbying for employee-friendly legislation, regulatory agency action, and other outside influence over employee relations. Report Link Legal Alert: UAW Transfers Millions from Strike Fund to Use for Organizing Activities.Ford & Harrison LLP - June 16, 2006 In a move that likely reflects the United Auto Worker's (UAW) concerns about its declining membership, delegates at UAW's national convention voted unanimously to amend its constitution to permit it to use part of its over $900 million strike insurance fund for organizing, political action, and other areas. Report Link "Change to Win" Announces Action Plan to Organize Millions of Workers.Littler Mendelson, P.C. - May 23, 2006 At an organizing convention attended by over 2,000 union organizers in Las Vegas, the "Change to Win" labor federation recently announced the launch of a massive organizing campaign targeting major industries in more than 35 cities. The campaign, operating under the slogan "Make Work Pay," aims to form cooperative, cross-union campaign teams made up of organizers from the seven Change to Win member unions, in order to create a unified effort to organize millions of workers in the target cities. Report Link New World Unions May Present New Threats to Unprepared Companies (pdf).Littler Mendelson, P.C. - March 22, 2006 In this Littler attorney authored article, Jim Ferber explains the new and aggressive force of labor unions after the AFL-CIO split, and the new tactics which include top-down corporate campaigns that trigger company investigations and formulate negative PR. Ferber advises companies on how they can proactively counter union threats and avoid vulnerability. Report Link Union Numbers Increase, Elections Decline (pdf).Ogletree Deakins - February 21, 2006 The recent exodus of several large
unions from the AFL-CIO has prompted
many to speculate about the future
of the labor movement. It is certain
that both the AFL-CIO and recently
formed Change to Win Coalition will
revisit organizing strategies and tactics.
What remains uncertain is whether
these strategies will be successful,
and the magnitude of the growth. Report Link Labor's New Organizing Tactic: Demands by "Minority Unions" for "Members Only" Contracts.Littler Mendelson, P.C. - September 26, 2005 Over the past several decades unions have normally demanded to bargain on behalf of employees based on a claim that they represented a majority of the employees. Employers have been increasingly successful over this period in defeating unionization through victories in National Labor Relations Board elections. Partly in reaction to their failure rate, unions have changed their organizational tactics in recent years and are now trying a new tactic – demands for bargaining on behalf of union members, even where the union admittedly does not represent a majority of the employer’s employees. Employers are even being faced with unfair labor practice charges when they refuse to engage in such “minority union” bargaining. Report Link Labor Day Observance Is Marked by Dramatic Changes in Future Direction of Organizing Efforts.Jackson Lewis LLP - August 30, 2005 The recent revolt by several of organized labor's most powerful constituents should not be a reason for employers to breathe more easily -- indeed, just the opposite is true. Report Link AFL-CIO Splinters -- Nonunion Employers Should Be Wary (pdf).Vedder Price - August 29, 2005 In 1938, a labor group that became the Congress of
Industrial Organizations broke away from the American
Federation of Labor in order to engage in large-scale
organizing of the steel, auto and other industries. Labor
leaders like Walter Reuther and John L. Lewis went on
to unionize millions of workers. Report Link Teamsters To Test Organizing Efforts In North Carolina After Split From AFL-CIO (pdf).Ogletree Deakins - August 10, 2005 On the opening day of the AFL-CIO’s national convention in Chicago, leaders of the International
Brotherhood of Teamsters and the Service Employees International Union (SEIU) announced their
decision to withdraw from the federation. Several days later, the United Food and Commercial Workers announced its departure. With the recent departures, the AFL-CIO has reportedly lost 3.6 million members. Report Link Labor Board Rejects Presumption That Plant Closure Threat Was Disseminated.Jackson Lewis LLP - February 03, 2005 In another in a string of close decisions, the National Labor Relations Board has reversed a four-year precedent concerning threats of plant closure made during a union organizing drive. Report Link SEIU Vows Renewed Emphasis on Targeted Organizing Using Union Local Tactics and Funding.Jackson Lewis LLP - September 10, 2004 At its 2004 convention, the SEIU adopted an ambitious organizing plan for the next four years calling for members in union strongholds to help organize workers in other states. In 2003, the SEIU won 75% of its elections, and victories in the health care industry remain near the top of that list. Report Link Nurturing Your Supervisors.Jackson Lewis LLP - September 23, 2003 Much has been said and written about keeping employees happy as a way for a company to remain union-free, and appropriately so. Report Link Inoculate Your Employees to the Union Virus Early.Jackson Lewis LLP - September 23, 2003 Employers serious about union avoidance might take a tip from public health professionals who know that, to stay healthy, individuals must be inoculated against contagious diseases before being exposed to them. Report Link Employers: Solicit Issues Now, Or Forever Hold Your Peace.Jackson Lewis LLP - September 23, 2003 Successful union organizing and successful union avoidance have a common core: employee relations issues. Report Link Be Alert for Outside the Box Tactics.Jackson Lewis LLP - September 22, 2003 Even the most committed union-free employer will have to agree that the organizing strategies employed by some unions are somewhat ingenious. Report Link A Fox in the Henhouse.Jackson Lewis LLP - September 22, 2003 When an employer agrees to remain neutral while a union attempts to organize its employees, the situation is more akin to a fox in the henhouse than a level playing field.
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ArticlesFound: 137 ArticlesSUBTOPICS Employment Law Seminars
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November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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