Obama Administration Promises Assistance to Organized Labor

On January 30, 2009, President Obama introduced his middle class initiative in a speech containing the following sentiments:

I also believe that we have to reverse many of the policies toward organized labor that we have seen these last eight years . . . I do not view the labor movement as part of part of the problem, to me it is part of the solution. We need to level the playing field for workers and the unions that represent their interests, because we know that you cannot have a strong middle class without a strong labor movement. We know that strong, vibrant and growing unions can exist side by side with strong, vibrant, and growing businesses.

These words are consistent with the President’s campaign promises to quickly pass a bill to amend the National Labor Relations Act that has been pending in Congress for several years. Misnamed by its proponents as the “Employee Free Choice Act”, the bill actually seeks to eliminate secret ballot elections and allow unions to gain recognition as the exclusive collective bargaining representative for groups of employees on the mere basis of a simple majority of signed cards. This will effectively eliminate an election campaign, in which employers are able to educate their employees on the many disadvantages of unionization. Additionally, and perhaps more devastatingly, the bill requires unreasonably swift negotiations of an initial collective bargaining agreement, and cedes to a federal arbitrator the authority to impose terms and conditions of employment on the parties if a private agreement cannot be reached. Finally, the bill strengthens penalties for unfair labor practices committed by employers during the organizing efforts and the negotiation of the initial collective bargaining agreement.

Given the tremendous impact such legislation will have on non-union employees, and the swiftness in which unions could organize a workforce, we urge employers to prepare for the law now, before it is enacted.

In sum, employers are well-advised to carefully revise FMLA policies, forms, and procedures to take advantage of the tools the new regulations offer. Employers are also well-advised to take steps now to train supervisors, line-managers, and other key personnel on effective union-avoidance strategies that do not constitute unfair labor practices. Please contact any member of your BDB service team for assistance with these or any other aspect of your personnel and human resources strategy.

Additionally, be on the lookout for an invitation to join us for an upcoming workshop where we will address these issues, as well as recent changes to the Americans with Disabilities Act (ADA), the recently enacted Lilly Ledbetter Fair Pay Act, and other legislative efforts.