1. Post-Election What In-House Counsel Need to Know and Do John A. Entenman Detroit, Michigan

2. National Political Scene Presidency: Democrat (up in 11/12) Challenger(s): Internal (Clinton); External Senate: Democrat (Some in name only) House: Republican (Some “tea party”)

3. Lame Duck Season Tax Cuts (likely) For all? For the “non-rich”?

4. Rush to pass proposed legislation? (unlikely) EFCA Paycheck Fairness Act (Equal pay, burden of proof) Respect Act (Definition of “supervisor”) Immigration Reform

5. Whither “Obamacare” Legal Status Michigan Florida Virgina To be amended? Partially repealed? Aspects defunded? Law of unintended consequences

6. Input on collective bargaining No collective bargaining exception Contract duration Contract re-opener(s) Broad employer-discretion contract language

7. Advancing Labor’s Agenda Office of Federal Contract Compliance Programs Equal Opportunity Employment Commission Offices of Minority and Women Inclusion (Dodd-Frank) In each federal agency which regulates financial sectors Extends to law firms

8. National Labor Relations Board Pro-labor Expect rule-making and case law changes EFCA-Lite Narrow definition of supervisor Weingarten rights to non-union employees

9. No employer captive-audience speeches Off-Site election voting Members only, non majority bargaining 100 employees 40 = Union A 40 = Union B 20 = Union C or non-union

10. TO DO Engage in anti-union efforts now Communication to and with employees “Little Card – Big Trouble” Education of employees and supervisors Make sure your supervisors really are “supervisors” Outsource non-core operations Nirvana: Have no employees