Client Alert: Your Employees Have the Right To Unionize; and Now, the NLRB Wants YOU to Tell Them All About It

Aligning with the Obama administration in its push for more union- and employee-friendly initiatives, the National Labor Relations Board has promulgated a new rule that requires private employers to inform their employees of their right to form and support a union. Employers must comply with the new rule by Nov. 14, 2011. Failure to post the notice is itself a new unfair labor practice and can also make it more difficult for an employer to defend against other unfair labor practice charges.  

Client Alert: NLRB Tries An End Run Around A Failed Employee Free Choice Act - But Employers Can Still Avoid Falling Victim To Union Organizing

Continuing its march in apparent lock-step with the goals of organized labor, the NLRB last week proposed sweeping changes to the federal rules governing union organizing elections. Following closely on the heels of its much publicized complaint against Boeing Co., and its lawsuit against Arizona and South Carolina to overturn state constitutional amendments mandating secret-ballot union elections, the NLRB announced in its Notice of Proposed Rulemaking (“NPM”) that the proposed amendments seek to “remove unnecessary barriers to the fair and expeditious resolution of questions concerning representation.” In reality, according to dissenting NLRB Member Brian Hayes, the rules will result in the “quickie elections” long sought by organized labor and will “effectively eviscerate an employer’s legitimate opportunity to express its views about collective bargaining.”

Traditional Labor Law (Union and Union-Free)

Too often companies allow festering problems with employees (both unionized and non-unionized) to reach a crisis point. They then face the harsh reality of bitter emotions, negative publicity, disrupted operations and lost revenues.

Our labor and employment attorneys help clients take a positive and creative approach to relationship management to avoid these confrontations. We study the causes of employee dissatisfaction and assess current labor contracts and employment policies to identify areas of vulnerability.

We examine the personalities and policies of workforce leaders and take the pulse of employee sentiment. Then, we apply our collective experience and knowledge to resolve issues before they become serious problems. We may, among other things, recommend changes to policies and agreements, address communication challenges, position new initiatives and, where appropriate, lay the groundwork for productive negotiations.

Whether they are working to contain the seeds of union activity or union expansion or dealing with difficult union leadership, our clients’ management teams rely on our experience to help them assess critical issues, develop decisive and principled strategies and anticipate outcomes. We work hard to get “in tune” with our clients’ needs and goals and then find ways to achieve those goals, with or without a union, through negotiations or otherwise.

Union Contract Negotiations & Administration

A union contract defines the terms and conditions of employment for bargaining unit members. The successful negotiation of a collective bargaining agreement depends on the ability to record the parties’ intentions. The implementation and application of these negotiated provisions are complex. It is critical that employers preserve their rights and retain what was achieved during negotiations.

Our labor and employment lawyers possess considerable experience in representing and counseling clients in negotiations and contract administration in both the public and the private sector. Our role in each negotiation is tailored to our clients’ individual needs and objectives. Depending on the financial and operational needs of our clients, we serve as chief negotiators, bargaining committee members and/or “back room” advisers and strategists during negotiations.

Our familiarity with contract language that protects the employer’s interests, as well as our understanding of how arbitrators are likely to apply certain contract language, helps our clients maintain their operational needs without compromising their business objections. During negotiations, our role includes drafting proposed contract language, reviewing proposals from the union and developing strategy not only for contract negotiation but also for contract execution that minimizes disruption to the normal course of business.

Our representation does not end when a bargaining unit ratifies its final agreement. Once an agreement is in place, our attorneys provide training to managers and supervisors to ensure the uniform administration of the agreement. During the term of the contract, we assist labor relations professionals in administering the contract and responding to union grievances challenging the company’s application of the contract. We also represent our clients in arbitration proceedings, including helping them select the right arbitrator.