© 2011 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. THE NEW UNION ORGANIZING THREAT H. Mark Adams Steve Cupp Sidney F. Lewis

© 2011 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. EMPLOYERS REQUIRED TO POST NOTICE OF EMPLOYEES’ RIGHT TO UNIONIZE RIGHT TO FORM AND JOIN UNIONS AND BARGAIN COLLECTIVELY WITH EMPLOYERS ENGAGE IN OTHER PROTECTED CONCERTED ACTIVITIES REFRAIN FROM ENGAGING IN ANY OF THOSE ACTIVITIES 11” X 17” POSTER AND TRANSLATIONS EXEMPTIONS FROM NEW POSTING REQUIREMENT NO INSPECTION FOR COMPLIANCE NO FINES OR PENALTIES

© 2011 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. D.C. CIRCUIT DECISION MARCH 2012 – D.C. CIRCUIT JUDGE FINDS NLRB HAS AUTHORITY TO REQUIRE NOTICE JUDGE FINDS BOARD HAS NO AUTHORITY TO FIND AN AUTOMATIC UNFAIR LABOR PRACTICE IF NOTICE NOT POSTED JUDGE ALSO FINDS NLRB HAS NO AUTHORITY TO TOLL STATUTE OF LIMITATIONS JUDGE REFUSED TO ENJOIN THE MANDATORY REQUIREMENT OF POSTING ALL NOTICES MUST BE POSTED BY APRIL 30

© 2011 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. FEDERAL CONTRACTOR NOTICE LANGUAGE FEDERAL CONTRACTORS MUST POST NOTICE SIMILAR LANGUAGE TO NLRB NOTICE POSTING OF THIS NOTICE WILL SATISFY NLRB POSTING OBLIGATION

© 2011 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. PERMISSIBLE “COUNTER NOTICE” MAINTAINING POSITIVE RELATIONS PROMOTING MAXIMUM PERSONAL AND PROFESSIONAL DEVELOPMENT SAFE WORKPLACE GOOD WORKING CONDITIONS COMPETITIVE COMPENSATION OPEN COMMUNICATIONS

© 2011 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. NLRB’S NEW ELECTION RULES FAILURE OF EFCA TO PASS “QUICKIE” ELECTIONS BEGINNING APRIL 30, 2012 LIMIT THE TYPE OF TIME TO MOUNT AN EFFECTIVE OPPOSITION CAMPAIGN LIMIT PRE-ELECTION LEGAL CHALLENGES NO LONGER CAN CONTEST VOTER ELIGIBILITY BEFORE ELECTION FEWER PRE-ELECTION HEARINGS BALLOTING WILL TAKE PLACE MORE RAPIDLY ONLY CHALLENGES LEFT TO EMPLOYERS WHETHER UNION HAS PRODUCED A SUFFICIENT SHOWING OF INTEREST CHAMBER OF COMMERCE LEGAL CHALLENGE WORKPLACE DEMOCRACY AND FAIRNESS ACT

© 2011 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. SPECIALTY HEALTHCARE REVERSING 50 YEARS OF LEGAL PRECEDENT SPECIALTY HEALTHCARE HELD: ADDITIONAL EMPLOYEES OUTSIDE OF VOTING UNIT PROPOSED BY THE UNION CAN BE INCLUDED ONLY WHEN THERE IS NO LEGITIMATE BASIS ON WHICH TO EXCLUDE THEM NORTHROP GRUMMAN SHIPBUILDING, INC. THE BOARD AFFIRMED A UNION-SELECTED UNIT CHOSEN BY THE UNION THE UNION WAS ALLOWED TO CARVE OUT ONLY THE TECHNICIANS THE UNION WANTED TO ORGANIZE OTHER TECHNICIANS IGNORED EVEN THOUGH THEY SHARED SOME COMMUNITY OF INTEREST WITH THE TECHNICIANS SOUGHT BY THE UNION NOW, MORE NARROW GROUPS OF EMPLOYEES MAY BE ORGANIZED, MAKING EMPLOYEE RELATIONS EVEN MORE IMPORTANT

© 2011 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. HOW UNIONS SELECT THEIR TARGETS ROLE OF EMPLOYEES UNIONIZED SISTER FACILITIES LOCAL UNION OFFICE NUMBER OF EMPLOYEES PAST CONFLICTS AND PROBLEMS WAGES AND BENEFITS COMMUNITY ATTITUDE OTHER UNIONS IN THE AREA ANTICIPATED RESPONSE OF THE COMPANY

© 2011 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. HOW UNIONS GAIN RECOGNITION OVERVIEW VOLUNTARY RECOGNITION CARD CHECK OR OTHER AFFIRMATION BY EMPLOYER NLRB ELECTION AUTHORIZATION CARDS PETITIONS 30% RULE FOR CARDS/PETITION 50% PLUS 1 IN ELECTIONS

© 2011 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. HOW TO RECOGNIZE THE BEGINNINGS OF UNIONIZATION IDENTIFYING KEY PLAYERS THE EARLY WARNING SIGNS UNION AUTHORIZATION CARDS COMPANY DEFENSIVE POLICIES NO-SOLICITATION POLICIES BULLETIN BOARDS DISTRIBUTION RULES ACCESS RULES UNION LETTERS AND VISITS EMPLOYER RESPONSE

© 2011 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. THE RIGHTS OF THE PARTIES IN UNION ORGANIZING PERMISSIBLE CONDUCT BAR OUTSIDE ORGANIZERS FROM PREMISES NO SOLICITATION RULES NO DISTRIBUTION RULES EXPRESSION OF FACTS EXPRESSION OF OPINIONS IMPERMISSIBLE CONDUCT THREATS INTERROGATION PROMISES SURVEILLANCE

© 2011 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. DO’S AND DON’TS FOR SUPERVISORS WHAT SUPERVISORS CAN DO WHAT SUPERVISORS CANNOT DO (TIPS) EXAMPLES OF STATEMENTS THAT CAN BE MADE