Does your learning make a difference? ® Strengthening Employee Relations © Copyright December 2008 Employment Learning Innovations, Inc. All rights reserved Atlanta, Georgia Strengthening Employee Relations EFCA: Just One More Reason for… Strengthening Employee Relations STEPHEN PASKOFF, ESQ. President, ELI ® CONSTANCE WALTERS, ESQ. General Counsel, ELI ® * This webcast does not have teleconferencing. Audio will be broadcast through your speakers. If you cannot hear the audio, please check your speakers.

Does your learning make a difference? ® Strengthening Employee Relations © Copyright December 2008 Employment Learning Innovations, Inc. All rights reserved Atlanta, Georgia Webcast Overview ELI’s behavioral approach The employee’s point of view Impact of unions on today’s workplace Overview of Employee Free Choice Act ELI’s solution: Strengthening Employee Relations

Does your learning make a difference? ® Strengthening Employee Relations © Copyright December 2008 Employment Learning Innovations, Inc. All rights reserved Atlanta, Georgia ELI’s Behavioral Approach Business success depends on the behavior of leaders. Leader behavior increases employee satisfaction, which ultimately impacts the business mission. Leader behavior decreases the risks associated with employee dissatisfaction, including legal risks.

Does your learning make a difference? ® Strengthening Employee Relations © Copyright December 2008 Employment Learning Innovations, Inc. All rights reserved Atlanta, Georgia Critical Leadership Behaviors Understand their role Act as a role model prior to claims arising Welcome and listen to concerns Respond to concerns Follow up with employees Be able to explain legitimate, business- related criteria for decisions Avoid behavior that leads to perception of unfair treatment

Does your learning make a difference? ® Strengthening Employee Relations © Copyright December 2008 Employment Learning Innovations, Inc. All rights reserved Atlanta, Georgia The Employee Point of View Mistrust of management Feeling that they can’t raise concerns Feeling that concerns that are raised aren’t heard or aren’t addressed Lack of clearly defined rules Lack of consistency Desire for increased wages and benefits Desire for increased job security

Does your learning make a difference? ® Strengthening Employee Relations © Copyright December 2008 Employment Learning Innovations, Inc. All rights reserved Atlanta, Georgia Impact of Unionization Decreased efficiency Third-party review of business decisions Decrease in managerial autonomy and authority Less ability to work with employees on an individual basis Polarization between management and non- management Increased operating costs Decreased loyalty to company

Does your learning make a difference? ® Strengthening Employee Relations © Copyright December 2008 Employment Learning Innovations, Inc. All rights reserved Atlanta, Georgia EFCA Overview Changes how unions are certified Mandatory binding arbitration to settle negotiation disputes Increased penalties and fines

Does your learning make a difference? ® Strengthening Employee Relations © Copyright December 2008 Employment Learning Innovations, Inc. All rights reserved Atlanta, Georgia Current Certification Process Union collects signatures from 30% of employees on authorization cards Union petitions for an election Campaign period where union and employer can present information to employees and answer questions Secret-ballot election monitored by NLRB Union certified if more than 50% vote “yes” to union

Does your learning make a difference? ® Strengthening Employee Relations © Copyright December 2008 Employment Learning Innovations, Inc. All rights reserved Atlanta, Georgia New Certification Process Under EFCA Union collects cards signed by 50% plus 1 of the bargaining unit employees Union is certified No prior notice to employer necessary No open campaign period No secret-ballot election

Does your learning make a difference? ® Strengthening Employee Relations © Copyright December 2008 Employment Learning Innovations, Inc. All rights reserved Atlanta, Georgia New Negotiation Process Under EFCA Negotiations must begin 10 days after certification Mediation can be requested by either party only 90 days after negotiations begin If mediator cannot resolve after 30 days, all disputes must go to arbitration panel Decisions by panel are binding for 2 years

Does your learning make a difference? ® Strengthening Employee Relations © Copyright December 2008 Employment Learning Innovations, Inc. All rights reserved Atlanta, Georgia Increased Penalties Under EFCA Fines of up to $20,000 for certain unfair labor practices Triple back pay damages for employees discharged in retaliation for an employee’s organizing activities

Does your learning make a difference? ® Strengthening Employee Relations © Copyright December 2008 Employment Learning Innovations, Inc. All rights reserved Atlanta, Georgia The Bottom Line EFCA increases risks Managers need behavioral skills and baseline knowledge as to why these skills matter Start educating managers NOW

Does your learning make a difference? ® Strengthening Employee Relations © Copyright December 2008 Employment Learning Innovations, Inc. All rights reserved Atlanta, Georgia Critical Foundation for Managers Understand their role as leaders Act as a role model prior to problems arising Understand what to do when problems happen Appreciate key legal liabilities

Does your learning make a difference? ® Strengthening Employee Relations © Copyright December 2008 Employment Learning Innovations, Inc. All rights reserved Atlanta, Georgia

Does your learning make a difference? ® Strengthening Employee Relations © Copyright December 2008 Employment Learning Innovations, Inc. All rights reserved Atlanta, Georgia Strengthening Employee Relations Topics Understanding how a union will change operations What causes unionization Practical advice for day-to-day leadership Basics of EFCA and increased risks Recognizing signs of organizing A manager’s responsibilities as a leader Management’s responsibility to act What managers can and can’t say and do

Does your learning make a difference? ® Strengthening Employee Relations © Copyright December 2008 Employment Learning Innovations, Inc. All rights reserved Atlanta, Georgia

Does your learning make a difference? ® Strengthening Employee Relations © Copyright December 2008 Employment Learning Innovations, Inc. All rights reserved Atlanta, Georgia QUESTIONS? Type in your questions using the “Chat” feature.

Does your learning make a difference? ® Strengthening Employee Relations © Copyright December 2008 Employment Learning Innovations, Inc. All rights reserved Atlanta, Georgia Contact your Regional Director Call (770) or (800) This webcast will be available on Contact ELI ®