EFCA Update

Mc EFCA Update

Claire Mccaskill

Speculation continues to spiral in just about every direction about the likelihood that “EFCA” will come to pass, either as legislation or as regulatory changes via the National Labor Relations Board. On the legislative side, Senator McCaskill (D – MO) summed up the legislative school of thought: “I don’t think that card-check is going to come up,” referencing the current session of Congress. However, as we have mentioned before, various elements of the original Employee Free Choice Act could find their way piecemeal into other seemingly unrelated bills, as Congress has been wont to do.

On the regulatory side, some of the warnings of NLRB “enactment” of various EFCA provisions are already manifesting, including the increasing of penalties for “violations” of labor laws as seen in the example of this

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How to Lose a Union Free Election: Part 3 - Cheating

The third way to lose your union free election is by cheating. We have two core beliefs all of our consultants agree to follow. First, we treat union free campaigns as a teaching event. We treat voters with respect and know our job is to help them learn about unions and make their own decision about what is best for them. Our second core principle is that we don’t cheat.  By cheating I mean violating the National Labor Relations Act rules on how to conduct a free and fair election.

Unions may not believe that we follow these beliefs, but we take them very seriously. As a lawyer I want my clients stay well within the ground rules of the Act. This is not just good legal practice. It’s also the best way to win.

There are some consultants who like to “push the envelope” during union free elections. 

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Get Ready To Open Your Own Door!

UPDATE: Strike averted. New Yorkers won’t have to take out their own garbage, operate their elevators or let in their cleaning ladies. In exchange the doormen get 2.5% pay increases and commit to help come up with $70 million in healthcare costs over the next 4 years.

New York city residents are preparing for a possible Doorman Strike, the first of its kind in nearly two decades. A concerned resident who will be affected by the strike said it best: “Who will safeguard my apartment as I sleep? Greet my children when they come home from school? Accept deliveries? Clean the hallways? Sort the mail? Operate the elevator? And who, for goodness sake, will let the cleaning lady in?”

Positive Employee Relations: How to Tell If You're a Bad Boss

strike picture 300x276 Positive Employee Relations: How to Tell If Youre a Bad Boss

Excuse me… the organizing committee is here to see you.

We spend  a lot of our time identifying and fixing bad bosses. Let’s face it, union campaigns don’t typically happen in companies full of effective managers.

The biggest problem most “bad bosses” have is that they think they’re good bosses. It’s a paradox. Often people get promoted into management not because they are good supervisors, but instead because of their productivity in other areas. They sometimes succeed in spite of themselves.

What these managers lack is self-awareness. So here is a quick 3 question test you can use to figure out if you are a “bad boss” – plus some tips to fix the problem (hint: the problem is you…).


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DOL Members Picketing Against Secretary Solis

Solis1 DOL Members Picketing Against Secretary SolisFrustrated Department of Labor (DOL) union members will launch an informational picket on April 20th to protest what they see as inconsistent behavior between Labor Secretary Solis’ actions as an employer and her words. The picket comes as a result of Secretary Solis’ alleged lack of follow through on President Obama’s vision of implementing family-friendly work policies. Sounds like Solis could use some good labor relations consulting…

What’s Next For SEIU?

Interesting article about what’s next for the SEIU, now that Andy Stern is set to officially resign.

UAW’s Suit YouTube Video

Check out this YouTube video covering the UAW’s Suit.

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Watch this and others on our union video YouTube channel.

Once Again, Union Members Refusing To Freeze Salaries!

The Lincoln Park Education Association (LPEA) made it well known that they are not willing to freeze salaries to save the elimination of 25 jobs due to a budget crisis. This has to be a good feeling if you are one of the 25 to know that the Union “has your back!”

Was EFCA Enacted Under Our Noses?

As we have warned for months, most provisions of the Employee Free Choice Act can be enacted administratively, without passing the actual law. Here’s a great example. This week the NLRB reached a settlement with – ironically – the Cesar Chavez charter school in DC. Among the provisions of the settlement is the payment of treble damages to the alleged discriminatee. Sounds a lot like EFCA, huh? Stay on the lookout for more decisions like these – they won’t get the same kind of press coverage a massive legislative fight will get, but the impact on American businesses is exactly the same.

Glenn Beck & Andy Stern’s Gift Exchange YouTube Video

Check out this YouTube video of SEIU’s Andy Stern and Glenn Beck exchanging gifts.

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Watch this and others on our union video YouTube channel.