Gregory S. Gyarmati Human Resources Director Dover Downs Hotel & Casino and Dover International Speedway
Overview of the new NLRB rulings Best practice tips on how to remain union free LEAD [SIMPLY] TM
Source for YouTube video: https://www.youtube.com/watch?v= xmt-dd8ll6g
Mark Gaston Pearce (D) Kent Hirozawa (D) Lauren McFerran (D) Harry Johnson, III (R) Philip Miscimarra (R) http://shared.littler.com/tikit/2014/14_webinars/pdf/12-17-14_ambush_elections_webinar.pdf
1950 1980 2013 * 11% 62% 38% 73% 27% 89% Union Source: www.irionline.com Non-Union * Private-sector is 6.7%
Ambush Election Rulemaking Purple Communications
Median number of days from petition to election = 38 days Percentage of elections held within 56 days = 94.3% Union win rate continues to climb: 2012: 63.2% 2013: 64.7% 2014 (through June): 69.2% Source: http://shared.littler.com/tikit/2014/14_webinars/pdf/12-17-14_ambush_elections_webinar.pdf
2011 2012 2013 2014 2015 DECEMBER: Final rule published APRIL: Rule first went into effect APRIL: Public hearing and comments APRIL 14th: Effective Date JUNE: NLRB initially released Notice of Proposed Rulemaking (NPRM) re: new election rules May: Federal District Court invalidated rule FEBRUARY: NLRB reissued NPRM Source: http://shared.littler.com/tikit/2014/14_webinars/pdf/12-17-14_ambush_elections_webinar.pdf DECEMBER: Final rule published
NLRB adopted Final Rule on Ambush Elections Published in FR on 12/12 Goes into effect on 4/14/15 Already facing legal challenges Republicans are threatening to block funding Source: www.irionline.com
Expedited Elections Electronic Submissions and Communications Voter Eligibility Issues Deferred Expedited Pre-elections Hearings and Employer s Position Statement Employer must provide employee information Source: http://www.ogletreedeakins.com/publications/2014-12-12/nlrb-issues-ambush-election-rules%e2%80%94union-elections-nowlikely-occur-less-21-d
2015 MAY Sunday Monday Tuesday Wednesday Thursday Friday Saturday 3 4 5 Notices of Petition posted 10 11 Hearing 12 Decision and Direction of Election 1 Petition filed and Petition and Notice of Hearing Served 6 7 8 Statement of Position due 13 14 Excelsior list due 17 18 19 20 Notice of Election posted 2 9 15 16 21 22 23 24 25 Election due date 26 27 28 29 30 Source: http://shared.littler.com/tikit/2014/14_webinars/pdf/12-17-14_ambush_elections_webinar.pdf
2015 MAY Sunday Monday Tuesday Wednesday Thursday Friday Saturday 3 4 5 Notices of Petition posted 1 Petition filed and Petition and Notice of Hearing Served 6 7 8 Statement of Position due 2 9 10 11 Hearing 17 18 Election due date 12 Decision and Direction of Election 13 Notice of Election posted 14 Excelsior list due 15 16 19 20 21 22 23 24 25 26 27 28 29 30 A union may waive the 10-day period it is entitled to the voter list Source: http://shared.littler.com/tikit/2014/14_webinars/pdf/12-17-14_ambush_elections_webinar.pdf
Overturns Register Guard Presumption that employees with email access have the right to solicit using employer email systems during non-work time Non-employees can still be restricted from employer email Employer can only limit access for employees with special circumstances Can monitor email communication Applies retroactively Source: www.irionline.com
Speed is the key Everything prepared in advance Only time for minor tweaks Fewer days = no room for error Almost no time for fence-mending Consider use of campaign experts Source: www.irionline.com
Competitive Wages & Benefits Outside & Inside Communication with Employees What are the Wants? Education of Employees Identification/Training of Supervisors Education of Management Source: http://www.dannamckitrick.com/articles/2009/01/10-ways-for-companies-to-stay-union-free-with-or-without-the-passage-ofthe-employee-free-choice-act/
Hiring & Promotion Policies Who are the Agitators? Quality Working Conditions Resolve Complaints Efficiently & Effectively Teamwork Obtain Legal Counsel Source: http://www.dannamckitrick.com/articles/2009/01/10-ways-for-companies-to-stay-union-free-with-or-without-the-passage-ofthe-employee-free-choice-act/
THE FRAMEWORK MODEL. CONNECT. INVOLVE.
THE FOUNDATION 29 100 of us are engaged with our work (we care) 54 100 are not engaged with our work (we don t really care) 17 100 Are actively disengaged with our work (we really don t care)
MODEL Commit to being engaged yourself, regardless of circumstances Be what it is you want to see more of Think about what it is you d like to see from your team and model it
CONNECT Have more frequent, intimate, and meaningful conversations Show people the big picture more often Let your people know you have their back and appreciate them = Talk. Listen. Show. Share.
INVOLVE In solving the challenges you face Leading the effort to make that something special happen Ask your people to give you their thoughts
Video can be previewed at: http://www.givemore.com/lead-simply/
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