1. Employee Rights Education THE NLRA AND ORGANIZING TACTICS

2. National Labor Relations Act of 1935 (The Wagner Act). “Sec. 7. Employees shall have the right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities 8(a)(3).” [Source: A guide to basic law and procedures under the National Labor Relations Act, page 12] The NLRA

3. THE ROLE OF THE NLRB The National Labor Relations Board (NLRB) is an independent agency of the United States government charged with enforcing the NLRA (The Law), conducting elections for labor union representation and with investigating and remedying unfair labor practices.

4. What are Unions? Control Int’l Locals Members Per Capita Tax Constitution ByLaws Company’s P3s Dues Assessments Fines Initiation Fees Constitution $$ Revenue Union Are a Business…

5. Declining Membership ALL USA WORKFORCE

6. What is a Union Authorization Card?

7. How Unions May Use UACs 30%A.Petition for NLRB Election 50% + 1 B.Demand for recognition (Card Check) C.Obtain a Bargaining Order, - Allege ULPs and ask the NLRB

8. What Happens If The Union Gets In? The union only represents employees in the specific bargaining unit They become your voice and will speak for you about and can make decisions for you regarding your wages, hours and working conditions The union may agree to a contract that you disagree with Your supervisor/manager no longer has the flexibility to work out individual solutions to address your personal needs if it is contrary to what is negotiated in the contract PAGE 9, PAR. 5; PAGE 10, PAR. 1

9. GOOD FAITH BARGANING NEGOTIATE inGOOD FAITH If the union wins, the Company and the union must NEGOTIATE in “GOOD FAITH”. “Good faith” means the parties must: 1.Meet at reasonable times and places; 2.Meet with an “open mind;” and, 3.Put any agreement in writing (if reached) THE LAW DOES NOT FORCE EITHER PARTY TO AGREE TO ON ANY SPECIFIC SUBJECT – EITHER PARTY CAN SAY “NO.” THIS MEANS THE UNION’S PROMISES DO NOT GO INTO EFFECT UNLESS AND UNTIL THE CPOMPANY AGREES. Either party can say “NO”

10. Will The Union Obtain Better Pay And Benefits? There are no guarantees The union can ask; the company can say no Negotiations are often a tradeoff: you may gain, lose or retain the same pay, benefits and working conditions as you have now There are no time limits on the negotiation process There is no obligation to ever reach agreement PAGE 7, PAR. 2,3; PAGE 24, PAR. 1; PAGE 31, PAR. 3

11. What Happens When Bargaining Fails? Union can strike Economic vs. Unfair Labor Practice strike Economic strikers can be permanently replaced PAGE 4, PAR. 3; PAGE 5, PAR. 2-3; PAGE 5, PAR. 3

12. “If the object of a strike is to obtain from the employer some economic concession such as higher wages, shorter hours, or better working conditions, the striking employees are called economic strikers. They retain their status as employees and cannot be discharged, but they can be replaced by their employer. If the employer has hired bona fide permanent replacements who are filling the jobs of the economic strikers when the strikers apply unconditionally to go back to work, the strikers are not entitled to reinstatement at that time.” [Emphasis added] [Source: A guide to basic law and procedures under the National Labor Relations Act, page 15] What does the law say … 12

13. What Happens When Bargaining Fails? During an Economic Strike… Employees Receive NO Company Wages Employees Receive NO Company Paid Health Insurance Employees Receive NO Company Paid Benefits Employees Likely Receive NO Unemployment Benefits Employees Can Be Replaced – Possibly Permanently PAGE 4, PAR. 3; PAGE 5, PAR. 2-3; PAGE 5, PAR. 3

14. What Should You Do If Asked To Sign A Union Authorization Card? Ask the union about what it means to sign a card and what they can guarantee will change for the better Consider carefully what union representation would mean to you Ask to see a copy of the union’s current dues requirements and how they have changed over the years Ask the union to guarantee their promises in writing

15. Promises vs. Reality the National Labor Relations Board has affirmed that unions can... … “ Promise wage increases and better benefits, even though they have no actual power to guarantee those things, because those promises are considered mere “pre- election propaganda.” Shirlington Supermarket, Inc., 106 N.L.R.B. 666 (1953).

16. … give “misleading campaign propaganda” because the NLRB does not think employees are “naïve” enough to believe all that they are told in the course of a union election campaign. Shopping Kart Food Market, Inc., 228 N.L.R.B. 1311 (1977). Promises vs. Reality the National Labor Relations Board has affirmed that unions can...

17. … tell employees that if the union wins, they can make more money, even if that is not necessarily true, because “employees generally understand that a union cannot automatically obtain benefits by winning an election, but must attempt to achieve them through the collective-bargaining process.” Wolfrich Corporation, dba Thrifty Rent-A-Car 234 N.L.R.B. 525 (1978). Promises vs. Reality the National Labor Relations Board has affirmed that unions can...

18. The reality of negotiations Everything is Negotiable. As a result of negotiations you could: You Could Get MORE (And Pay Union Dues) You Could Get THE SAME (And Pay Union Dues) You Could Get LESS (And Pay Union Dues)

19. Additional Resources Me Anyone on the management team Human Resources Internet Web sites, including www.nlrb.gov www.dol.gov www.nrtw.org www.unionfacts.com www.BLS.gov

20. Questions?