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New NLRB Union Election Rules Take Effect on April 30, 2012

We Provide an Eleven-Step Union Avoidance Process

By: Bodman's Workplace Law and Health Care Practice Groups

03/14/12

NLRB quickie elections, designed to move union petitions to election in as little as 10 days, will take effect April 30, 2012. Unions are excited and will use the speed up process to organize targeted employers. Health Care employers should be prepared to take proactive measures. Bodman is able to assist management in providing a quick response to avoid or defeat union organizing and in building and maintaining a positive workplace which makes union unnecessary. Our 11-step union avoidance process includes:

  1. Working with human resources to identify and assess potential "union grabbing" issues around which unions will rally support, develop resources, and recommend changes;
  2. Reviewing policy, process, and procedure provided by human resources which pertain to union avoidance and recommending changes;
  3. Assisting human resources in developing union avoidance training materials for supervisors and others;
  4. Training persons identified by human resources as key communicators to carry union avoidance massages to employees and others as needed;
  5. Developing with human resources periodic meetings with supervisors to identify current employee issues and effective responses;
  6. Completing with management and human resources an internal assessment of departments and units at risk for union organizing;
  7. Working with management and human resources to set up and implement a quick response team to act as a central clearing committee on union organizing efforts;
  8. Developing with human resources appropriate controls on the quick response team's responses to union organizing efforts to avoid either under-reaction or over-reaction;
  9. Helping management and human resources prepare for the Employee Free Choice Act, otherwise known as card check, or other similar bills, should they become law;
  10. Making other recommendations to eliminate or reduce the likelihood that there will be union organizing opportunities; and
  11. Working with human resources to defeat any active union organizing effort, should one develop.

Questions or comments about the Union Avoidance Project, or any other service Bodman provides, can be addressed to Workplace Law Group Chair Steven J. Fishman at 248-743-6070 / sfishman@bodmanlaw.com or Health Care Group Chair E. William S. Shipman at 313-393-7562 / wshipman@bodmanlaw.com.