1 2008 Legal Requirements Under the National Labor Relations Act Impacting on Employer and Employee Rights May 22, 2008 Presented By: Christopher C. Antone,

1

2008 Legal Requirements Under the 2008 Legal Requirements Under the National Labor Relations Act Impacting on National Labor Relations Act Impacting on

Employer and Employee RightsEmployer and Employee Rights

May 22, 2008May 22, 2008

Presented By:

Christopher C. Antone, Esq.Jackson Lewis LLP

3811 Turtle Creek Blvd., Suite 500Dallas, Texas 75219

(214) 520-2400© 2008, Jackson Lewis LLP

3

Section 2(11) Of The NLRASection 2(11) Of The NLRA

““The term ‘supervisor’ means any individual The term ‘supervisor’ means any individual having authority, in the interest of the having authority, in the interest of the employer, to hire, transfer, suspend, lay off, employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to discipline other employees, or responsibly to direct them, or to adjust their grievances, or direct them, or to adjust their grievances, or effectively to recommend such action, if in effectively to recommend such action, if in connection with the foregoing the exercise of connection with the foregoing the exercise of such authority is not of a merely routine or such authority is not of a merely routine or clerical nature, but requires the use of clerical nature, but requires the use of independent judgment.”independent judgment.”

- National Labor - National Labor Relations ActRelations Act

4

To Be A Supervisor, The Individual To Be A Supervisor, The Individual Must:Must:

Engage in one of the 12 activities listed in Engage in one of the 12 activities listed in Section 2(11)Section 2(11)

ororEffectively recommend one of themEffectively recommend one of them

andandUse independent judgment in doing soUse independent judgment in doing so

andandDo so in the interest of the employerDo so in the interest of the employer

5

Section 7Section 7

““Employees shall have the right to self-Employees shall have the right to self-organization, to form, join, or assist labor organization, to form, join, or assist labor organizations, to bargain collectively organizations, to bargain collectively through representatives of their own through representatives of their own choosing, and to engage in other choosing, and to engage in other concerted activities for the purpose of concerted activities for the purpose of collective bargaining or other mutual aid collective bargaining or other mutual aid or protection, and or protection, and shall also have the shall also have the right to refrain from any or all of such right to refrain from any or all of such activities . . . activities . . . ””

- National Labor Relations Act- National Labor Relations Act

6

Hey Boss . . . Do We HaveA Position On Unions?

7

We are committed to providing We are committed to providing you with a safe work environment you with a safe work environment that is free from harassment and that is free from harassment and intimidation.intimidation.

Our history has shown that the Our history has shown that the best way to assure continued job best way to assure continued job security is by working together to security is by working together to provide service to our customers provide service to our customers and by living our Company values.and by living our Company values.

8

Role PlayRole Play

Should I sign a card?

9

Sample Union Authorization CardSample Union Authorization Card

10

DON’T SIGN THE DON’T SIGN THE CARD!CARD!

11

Freedom Of SpeechFreedom Of SpeechSection 8(c) Of The NLRA Section 8(c) Of The NLRA

Says:Says:

“The expressing of any views, argument,

or opinion, or the dissemination thereof,

whether in written, printed, graphic, or

visual form, shall not constitute or be

evidence of an unfair labor practice

under any of the provisions of this

Act...”

facts

oral, electronic,

12

ThreatManagement

Retaliation for Employee Union

ActivityI nterrogationPromiseBribe

GrovelingSpy

(Ask?)