Union Avoidance Virtual Summit Agenda

Session 1:
10:00 a.m.-11:00 a.m. (All Times Central)
The New Pro-Labor Reform Agenda in Washington: What to Expect From the NLRB & Congress
As a result of the current administration and Congress, employers are facing a labor agenda that’s shifted the balance of power toward unions. First, there’s the National Labor Relations Board (NLRB), which, in 2009 sought more money (an additional $20.8 million compared to its 2009 budget) to hire more enforcement staff. Plus, there’s the issue of the board itself, which currently has three vacant seats. President Obama has nominated three pro-labor members to fill those seats, giving the Democrats and the labor movement a board majority. Finally, there’s the Employee Free Choice Act, which (if passed by Congress) could open the floodgates to unionization through its use of injunctions and mandatory arbitration. In this opening session, learn how these and other developments in Washington will impact your union-free policies.

Learning Objectives:

• How the Obama Administration’s NLRB appointments will drive the board’s 2010 agenda & enforcement priorities
• How the new board will reverse decisions made by Bush’s NLRB, such as those related to collective bargaining & union election notification, employee use of company e-mail, and employers rights during workplace investigations
• How to stay union-free once EFCA becomes law
• What to expect from EFCA once it emerges from Congressional debate
• How the NRLB will implement EFCA’s mandatory arbitration clause
• How the new NRLB will carry out EFCA’s expanded use of injunctions to remedy violations
• How the board will implement President Obama’s pro-union executive orders, including one mandating federal contractors notify employees of their rights to unionize
• How the current NLRB’s ability to make decisions affects your policy decisions and the U.S. Supreme Court’s role in settling the issue
  

BREAK: 11:00 a.m.-11:15 a.m.

Session 2:
11:15 a.m.-Noon
Know Employer’s Rights Under the Law
It's a common misconception among nonunionized employers that the National Labor Relations Act (NLRA) and the National Labor Relations Board (NLRB) deal with issues involving only unionized employers. That simply isn’t the case. Many rules apply to employees regardless of whether their employer is unionized. So it’s not uncommon for employers without unions to unknowingly violate the NLRA in their day-to-day operations. In this session, learn the most common ways that employers without unions violate the NLRA by prohibiting or restricting employees from engaging in certain activities. Plus, you’ll discover significant points and rights that every nonunionized employer has at its disposal and should be ready to use.

Learning Objectives:

• How NLRA Section 7 and Section 8 safeguard the workers’ rights to self organize
• Employer rights under Section 8(c)
• Overview of the collective bargaining process and its limitations
• Tips on lawful communication with employees about unions and collective bargaining
  

EXTENDED CONFERENCE BREAK: Noon-1:00 p.m.

Session 3:
1:00 p.m.-1:45 p.m.
Make Unions Irrelevant Through Effective Supervisor-Employee Relations
Employees’ acceptance or rejection of union representation is heavily influenced by the relationship they have with their supervisors. So what can your management team do to improve that relationship? In this session, find out how your company can avoid unionization by training your supervisors to become exceptional leaders.

Learning Objectives:

• The “jerk manager syndrome” -- how it works, why it leads to unionization and how to avoid it
• How to develop supervisors that employees want to work for -- and will also help keep your workplace union free
• Holding supervisors accountable for their performance and how it plays into your union avoidance strategies
• How to train supervisors to engage employees on workplace issues
• How to establish communication and management policies that instill positive manager-employee relations
• Session Bonus: New wrinkle in supervisory-employee relations? How the RESPECT Act will make it easier to unionize by revising the definition of a “supervisor”
  

BREAK: 1:45 p.m.-2:00 p.m.

Session 4:
2:00 p.m.-3:00 p.m.
Game Plan for Fighting Organizing Campaigns & the Critical Role that Supervisors Play
When you’ve confirmed that a union has targeted your workplace, your first reaction might be one of anger or a sense of a betrayal. But the way that you respond will be very important, because it could result in unfair labor practice claims and additional expensive legal bills. If EFCA passes, get ready for additional penalties, including one that requires employers to provide triple back pay for unfair labor practices deemed willful or repeated. In this session, find out how to fight a corporate campaign without getting into the legal trouble -- and how to properly enlist supervisors as key allies in your union-free strategy.

Learning Objectives:

• How EFCA will impact monitoring of improper conduct of both unions and employers during the organizing process
• How supervisors should respond if employees alert them to union activity, including what they can and cannot say
• Information you need to be alerted to, before it’s too late
• How to lawfully respond to union communications in the workplace, including posters and organizing meetings on company property by non-employees
• What to do if employees use company e-mail to organize
• How to avoid, dispute, and defeat unfair labor practice claims
• How to respond to supervisor errors in handling union activity
  

Session 5:
3:00 p.m.-3:30 p.m.
Get Your Tough Union Organizing Questions Answered
EFCA and other unionization issues bring more questions than answers to your union avoidance strategy, such as: How closely will the NLRB monitor card abuses? What’s the process for decertifying a campaign? Will employees have the right to strike during interest arbitration proceedings? This session puts you in control of the content, allowing you to pose your union avoidance questions to our expert panel. No question is too tough. Our faculty is ready to help you tackle all your challenges.

Your Workshop Leaders...

Attorney Francine Esposito, a partner with Day Pitney, has been a labor and employment practitioner for more than twenty years. She regularly represents employers before various administrative agencies, at labor arbitrations, in employment-related litigation, and conducts harassment and other workplace investigations. Ms. Esposito also has extensive experience in designing and conducting training for employers on a wide array of employment-related topics, including but not limited to, union avoidance, harassment and discrimination awareness, diversity, FMLA, interviewing and hiring, wage and hour compliance, conducting internal investigations, effective documentation and effective employee relations. She also regularly provides advice to employers regarding all aspects of the employment relationship.

Attorney Kevin C. McCormick, chair of the Labor and Employment Section with the law firm of Whiteford, Taylor & Preston, provides advice and counsel to public and private employers on all phases of the employment relationship to ensure compliance with applicable laws, avoid costly litigation, and, when necessary, successfully defend against individual and governmental challenges to policies and procedures. Prior to joining the firm, Mr. McCormick served as trial attorney with the U.S. Department of Labor. He successfully represented public and private employers against discrimination and employment-related claims before federal, state and local FEP agencies, and at trial (both jury and non-jury) in state and federal courts and respective courts of appeal.

Attorney Vance D. Miller is a partner with Armstrong Teasdale LLP. Since 1978, he has represented management in all aspects of labor relations and employment matters before state and federal courts and administrative agencies such as the NLRB and EEOC. He has experience handling issues of labor arbitration, union contract negotiations, NLRB proceedings, including union representation and unfair labor practice matters. He has negotiated closing agreements with sellers’ unions, adoption agreements for purchasers, and reviewed labor contracts and grievances. Before joining the firm, Mr. Miller served as a field attorney and trial specialist for the NLRB, handling unfair labor practice investigations and trials, and federal court injunction hearings. Mr. Miller is listed in Missouri/Kansas Super Lawyers and The Best Lawyers in America.