EFCA Webcast by Barnes & Thornburg, LLP

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2010 EFCA Preparedness Webcast:How will EFCA and national policies impact you?

March 19, 2010

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How will EFCA and national policies impact you?:

Introduction to EFCA &Survey Results

Kenneth J. Yerkes

Chair, Labor & Employment Dept.

ken.yerkes@btlaw.com

317.231.7513

Indianapolis, IN

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Welcome & Today’s Topics

• Introduction

• What the survey tells us

• EFCA awareness training: Who?

• EFCA awareness training: How?

• What if EFCA does not pass?

• What do recent NLRB appointments mean?

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Audience Quick Poll

How many of you have unions in place now?

• Yes, our organization has a union in place at one or more facilities.

• No, our organization has no union in place.

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What we’re here to discuss today

• Not here to discuss just EFCA

• Broader attack• Two converging risks• Our Goal: Create benchmarks for

your internal planning

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Risk #1: EFCA in Some Format

Unsure

44%

Yes –EFCA

becomes law in

some form

30%

No – EFCA doesn’t become

law

26%

Unsure

44%

Yes –EFCA

becomes law in

some form

30%

No – EFCA doesn’t become

law

26%

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Risk #2: Appointments = Easier Unions

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Audience Quick Poll

Do you still believe Craig Becker will be a recess appointment?

• Yes, Becker will be a recess appointment.• No, Becker will not be a recess appointment.

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Status of EFCA: What’s the latest?

• How do you get a union now?

• How is EFCA in its proposed form going to change that?

• Possible compromises

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Survey Results –Toolbar Live Link

• As we’ve discussed, there’s no consensus about EFCA

• EFCA abolishes secret ballots, not favored

• EFCA calls for interest arbitration, not favored

• Easier union organizing• Not enough training…

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How will EFCA and national policies impact you?:

Awareness Training –Who and How?

John T.L. Koenig

Partner

john.koenig@BTLaw.com

317.231.7718

Indianapolis, IN

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Survey Training - Who

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Audience Quick Poll

We can see from our survey that most of you have opted not to train your employees . We’d like to ask you why you’ve made this decision. Is it mostly based on one of the following reasons?

• No resources to provide the training• No funds to pay for the training• No sense that we need to do it – we don’t

consider ourselves to be at risk for unionizing activity

• Other reasons?

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Survey Training - Who

• Organizations should focus on training hourly employees most

• Train front-line supervisors and foremen with a secondary focus

• Train executives / directors last, or least frequently

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Survey Training – How

88%

64%

27%

50%

8% 0%

Meetings Small Group

Discussions

Outside

Consultants

Written Materials Meetings Hotline

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Survey Training - How

• Rules about union communications

• Training methods for front-line supervisors

• Training methods for hourly employees– Make it “top of mind”– Testimonials and examples– Know your employees

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How will EFCA and national policies impact you?:

What if EFCA does not pass?

Matthew D. Austin

Of Counsel

matt.austin@BTLaw.com

614.628.1409

Columbus, OH

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What if EFCA does not pass?

• Other legislation will make it easier to organize:– RESPECT Act– Minority Unions– Repeal of 14(b) of Taft Hartley– Patriot Employers Act– Working Families Flexibility

Act– Healthy Families Act

(Please see the presentation toolbar for complete copies of the

RESPECT, Patriot, Working Families Flexibility and Healthy

Families Acts.)

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Other Labor-Friendly Legislation

• “High Road” Federal Contracting Standards

• “Merkely Amendment” to Health Care Bill

• AFL-CIO to spend record sum in 2010

• “Jobs with Rights Now” in the South

• Withdrawing from NAFTA

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What if EFCA does not pass?

• NLRB will restrict employers’rights, regardless of appointments

• Important cases of note:– Dana Corp.– Harborside Healthcare– Register Guard– Oakwood Healthcare– Brown University– IBM, Corp.– Crown Bolt– Lutheran Heritage

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What if EFCA does not pass?

• Liebman Board• Other Current chatter:Washington University Law School Speech"The Revival of American Labor Law"

presented Feb 17, 2010

(Please see the presentation toolbar for the full speech.)

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How will EFCA and national policies impact you?:

Recent NLRB Appointments

William T. Hopkins, Jr.

Partner

tuck.hopkins@BTLaw.com

260.425.4644

Fort Wayne, IN

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Recent NLRB Appointments

• Importance of NLRB• Overview of Two-Board Member Board• Appointment Process• Current Nominees

– Brian Hayes

– Mark Gaston Pearce– Craig Becker

• What’s the fuss about Becker?

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Craig Becker’s Ideology:

• In union elections, "Because employers lack the formal status either of candidates buying to represent employees or voters, they should not be entitled to charge that unions disobeyed the rules governing voter eligibility or campaign conduct. On questions of unit determination, voter eligibility and campaign conduct, only the employee constituency and their potential union representatives should be heard."

• "Just as U.S. citizens cannot opt out against having a congressman, workers should not be able to choose against having a union as their monopoly-bargaining agent.“

"Democracy in the Workplace: Union Representation and Federal Labor Law.“1993. Minnesota Law Review.

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Audience Quick Poll

We’d like to ask you about how closely you’re following the NLRB’s process and related appointees. Which one of these options best describes your news watch pattern?

• Closely• Somewhat• Infrequently or not at all

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How will EFCA and national policies impact you?:

Closing Remarks

Kenneth J. Yerkes

Chair, Labor & Employment Dept.

ken.yerkes@btlaw.com

317.231.7513

Indianapolis, IN

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B&T Labor & Employment Law

• Representing clients in all 50 states, Canada, Mexico and a host of other countries

• More than 80 legal professionals with a wealth of experience and supporting team members; a “Top 10” labor firm

• Over 60 distinct areas of labor services

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• One of 22 firms nationally on Workforce Management Magazine's2009 "Hot List" of Top U.S. Labor and Employment Firms

• Top 20 busiest firm for ADA (#8), Civil Rights (#10), Employment Practices (#18) (2009 Litigation Almanac, Law360)

• Listed as one of Corporate Counsel Magazine's 2009 "Go-To Law Firms of the World's Leading Companies"

B&T Labor & Employment Law

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B&T Labor & Employment Law

• Our Chambers USA 2009 listing reads:

“The labor and employment department is a driving force within

this general practice firm, and its 32 partners in the Midwest

operate on a national scale. With a particular strength in classic labor law, the group also has an impressive profile in

employment litigation.”

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