In this environment, every employer may find themselves subject to union
organizing efforts. Employer's Guide to Union Organizing Campaigns
helps you guide your company through every stage of union organizing
campaigns, so that you can react quickly, effectively, and legally even before
organizing begins.
Whether you're looking to be proactive - or react effectively - you need the
insights and the tools to create effective and legally compliant policies and
responses to union activity. Employer's Guide to Union Organizing
Campaigns provides:
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How-to practical guidance on anticipating - and reacting to - union activity
while staying in compliance
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Sample letters, checklists, and documents ready for your immediate use
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Up-to-date coverage of current case law
Employer's Guide to Union Organizing Campaigns delivers expert,
step-by-step guidance to help you:
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Understand how today's organizing environment can affect your company
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Recognize new union tactics such as the corporate campaign and the request for
card-check recognition
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Effectively respond to union organizing without violating the law, alienating
the workforce or creating ill-will in the community
Chapter 1. Overview: Labor-Management Relations Today
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§1.01 Is the stage set for organized labor’s survival?
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§1.02 Board elections: Resurgence or irrelevance?
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§1.03 The corporate campaign: The challenge of the decade
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§1.04 Why preserve management rights and resist unionization?
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§1.05 About the “Employer’s Guide”
Chapter 2. Employment in The 21st Century
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§2.01 A changing workplace
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§2.02 A changing workforce
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§2.03 An evolving culture of work
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§2.04 The political landscape
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§2.05 Challenges ahead for organized labor
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§2.06 Enduring organizing threats
Chapter 3. The “Preferred” Employer
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§3.01 The “preferred” employer
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§3.02 The preventive self-audit: An essential exercise
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§3.03 Staying conflict-free
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§3.04 Employee communications programs
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§3.05 Ensuring compliance
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§3.06 Corporate labor relations strategy
Chapter 4. Elements of Effective Employee Relations
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§4.01 The corporate culture
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§4.02 Work rules
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§4.03 Employee handbooks
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§4.04 Employee participation programs
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§4.05 Progressive discipline
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§4.06 Resolving employee complaints
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§4.07 Alternative dispute resolutions programs
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§4.08 Supervisory and managerial training
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§4.09 Illustrations 1 – 4
Chapter 5. Anticipating a Union Campaign
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§5.01 Assessing your vulnerability
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§5.02 Expressing opposition to a union
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§5.03 Manager training on the law of organizing
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§5.04 Bargaining unit vulnerability analysis
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§5.05 Recognizing the early warning signs
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§5.06 Preempting the union’s message
Chapter 6. Understanding the New Union Movement
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§6.01 Introduction
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§6.02 The dual-front union movement
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§6.03 Change to Win and the modern template for organizing: not always smooth
sailing
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§6.04 The AFL-CIO embraces the new model
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§6.05 Organizing under the new model
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§6.06 Embracing new demographics
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§6.07 Embracing new models for organizing
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§6.08 Embracing new tactics and technologies
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§6.09 A national–or global–approach
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§6.10 Conclusion
Chapter 7. The Old Model: Enduring Tools for Organizing
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§7.01 A foot in the door
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§7.02 The organizational meeting
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§7.03 Traditional arguments
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§7.04 Other organizing techniques
Chapter 8. Contemporary Organizing Techniques
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§8.01 Corporate campaigns
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§8.02 Industry-wide campaigns
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§8.03 Neutrality agreements
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§8.04 Voluntary recognition
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§8.05 Framework agreements
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§8.06 Another word on unlawful recognition
Chapter 9. The Corporate Campaign: What to Expect
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§9.01 Introduction
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§9.02 Company research and profiling
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§9.03 Inside labor pressure
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§9.04 Unfair labor practice charges
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§9.05 The court of public opinion
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§9.06 Legislative initiatives
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§9.07 Litigation as weapon
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§9.08 Other pressure tactics
Chapter 10. The Employer Counter-Offensive
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§10.01 Introduction
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§10.02 Rejecting card-check
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§10.03 Questioning union support
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§10.04 A campaign, not “interference”
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§10.05 Investigate, then educate
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§10.06 Educating employees
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§10.07 Avoiding unfair labor practices
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§10.08 Tactical legal approaches
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§10.09 Strike preparation and response
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§10.10 External counter-organizing resources
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§10.11 When the dust settles . . .
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§10.12 Illustrations 1 – 2
Chapter 11. Communicating Your Message
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§11.01 Introduction
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§11.02 Employer’s right to free speech
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§11.03 Internal communication strategies
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§11.04 The arsenal of communications techniques
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§11.05 External communications
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§11.06 Illustrations 1 – 7
Chapter 12. Managing Pro-Union Communication
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§12.01 Introduction
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§12.02 Implementing valid work rules
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§12.03 A lawful no-solicitation rule
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§12.04 Solicitation in working areas
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§12.05 Distribution of literature
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§12.06 Organizing by off-duty employees
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§12.07 Other union-related activity
Chapter 13. The Board Conducted Election
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§13.01 Processing the representation petition
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§13.02 Bargaining unit determination
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§13.03 Election agreements
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§13.04 Employee names and addresses
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§13.05 Voter eligibility
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§13.06 Mail ballot elections
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§13.07 The on-site election
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§13.08 Policing the polls
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§13.09 Counting the ballots
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§13.10 Two-union contests and run-off elections
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§13.11 Illustrations 1 – 2
Chapter 14. Restoring Management Rights
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§14.01 Voter challenges
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§14.02 Election objections
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§14.03 Procedure for filing objections
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§14.04 Board review
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§14.05 Decertification petitions
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§14.06 The employer’s campaign
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§14.07 If the union wins
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§14.08 Illustrations 1 – 2
Appendices
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Union Members in 2012, Bureau of Labor Statistics, U.S. Department of Labor
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A counter-campaign play-by-play
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Notification of Employee Rights Under the National Labor Relations Act; Final
Rule
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NLRB Memorandum: Frequently Asked Questions—Board’s Notice Posting Rule
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Posters: Employee Rights Under the National Labor Relations Act
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NLRB Representation—Case Procedures; Final Rule
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NLRB Memorandum: Guideline Memorandum Concerning Collyer Deferral Where
Grievance-Resolution Process is Subject to Serious Delay
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NLRB Report: Report of the Acting General Counsel Concerning Social Media
Cases, August 18, 2011
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NLRB Report: Report of the Acting General Counsel Concerning Social Media
Cases, January 24, 2012
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NLRB Report: Report of the Acting General Counsel Concerning Social Media
Cases, May 30, 2012
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Labor-Management Reporting and Disclosure Act; Interpretation of the “Advice
Exemption; Proposed Rule
Glossary
Table of Cases
Index