Webinar Highlight: How to Stay Union Free After New NLRB “Ambush Rules”

By XobeeAdmin on February 27, 2015 in Highlight

On February 25, 2015, Sutton Hague Law Corporation, presented a special webinar discussing the new National Labor Relations (“NLRB”) Election Procedures which will take effect on April 14, 2015 and how employers can best prepare for these changes. The webinar featured Jim Trivisonno, a 30 year veteran of union elections and President of IRI Consultants who has been involved in approximately 1,000 union elections.

– Brett Sutton


Effective April 14, 2015, the union election timeline will be shortened from approximately 40 days to 14-21 days (or fewer). Here are some of the key points of the new rules:

* Prevents employers from litigating certain issues before the election
* Curtails the ability to challenge pre-election rulings by NLRB Regional Directors
* Permits petitioning unions to obtain personal email, cell phone and home phone numbers of voting unit employees
* Substantially increases authority of Board Regional Directors and decreases Board Member oversight of the election process

The Petition

* The employer is required to post, including electronically, the initial Notice of Election to employees within two (2) working days of receipt of Board’s new notice of Petition for Election form (not currently required to be posted)
* Failure of the employer to properly post such notice could result in an election results being overturned and a new election ordered

The Statement of Position

* An employer will be required to file a Statement of Position (SOP) by noon before the day of the scheduled hearing
* The SOP will be required to contain a statement of the employer’s position regarding the proposed unit, any issues the employer desires to litigate at the hearing, a listing of the names of employees in the proposed unit and their classification, shift and work location
* The SOP shall also contain the employer’s position on any jurisdiction issues, supervisor issues, managerial issues and confidential employee issues. Employers also must include in the SOP proposed date(s), time(s) and location(s) for the election
* The SOP is a new “strict pleading” procedure that employers and their counsel will have to pay particular attention to and be prepared to properly file prior to the commencement of the hearing

– Jim Trivisonno

Labor Relations Readiness System SIX Critical Disciplines

Whether a union is trying to organize employees through an NLRB-supervised election or a corporate campaign, staying union free requires the following:

* Planning
* Labor Relations education and training
* Vulnerability Assessment
* Communications
* Employee Engagement
* Leadership Training and Development

Other Topics Covered Included

* Additional Procedural Elements to the New NLRB Election Rules
* Specialty Healthcare and Micro-Units
* What to Expect in 2015
* Common Signs of Union Organizing
* Employee’s Right to Use Company Email for Union Organizing

CD’s and MP3 recordings of the webinar are available for purchase for $30! This includes the written materials. For more information you can email yvette@suttonhague.com.