1. NOHRPS Labor & Employment Law Update September 15, 2011 NLRB’s Gifts to Unions Presented By: Robert S. Gilmore, Esq.

2. A. Recent NLRB Decisions Promote Unions Issued last day of Chairman Wilma Liebman’s Term at NLRB Obama Board’s 3-1 Democratic majority Coupled with Board’s recent Rule requiring all Employers to post a Notice informing employees of their rights under NLRA

3. 1. Specialty Healthcare New standard for determining whether small unit is appropriate The case is about healthcare facilities – but Board went beyond that to state new standard Unions want a foot in the door - - even if just a small group; employers have argued that excluded employees aren't sufficiently distinct to exclude them

4. 1. Specialty Healthcare cont’d New rule – Employer has burden to prove that excluded employees have an overwhelming community of interest with employees included in Union petition Rule will encourage Unions to target small group of unhappy employees as a unit

5. 2. Lamons Gasket Overrules Dana Corp.; company voluntarily recognizes Union without election (usually in agreed card check procedure), employer posted notice for 45 days that Employees could petition NLRB for secret ballot election to see if Union really had majority NLRB does away with that – now no challenge to Union for at least 6 months and up to 1 year

6. 2. Lamons Gasket cont’d Fact is – card check often doesn’t accurately reflect status  KJK recent case – unanimous cards; Dana petition; secret ballot - - 17 – 16 decertification

7. 3. UGL - UNICCO When there is a successor in a merger or acquisition, the employer has to recognize the Union and maybe adopt terms and conditions if substantial continuity between two businesses and majority of new employees and been employed by predecessor This decision reinstates a “Successor Bar” – which blocks ability of employees to select new Union after successor comes in, for a period to be determined.

8. Robert S. Gilmore Kohrman Jackson & Krantz One Cleveland Center 1375 East Ninth Street, 20 th Fl. Cleveland, OH 44114 Phone: (216) 736-7240 Fax: (216) 621-6536 Email:rsg@kjk.com