8 a.m. Registration and continental breakfast
8:30 a.m. Program begins
Noon Lunch (provided)
4:30 p.m. Program adjourns
Introduction:
- Union organizing petitions rose 53% in 2022 and continue to climb.
- NLRB Charges against employers are up 16% so far in 2023.
- NLRB recently outlawed employer use of confidentiality and non-disparagement agreements. Other NLRB decisions applying to employers without unions are pending.
- Gallop polls from late 2022 reveal that 77% of Americans aged 18 to 34 approve of unions; the overall approval from all age groups combined is 71%--the highest rating of labor unions since 1965.
- Labor shortages and inflationary pressures are favoring union organizing.
- NLRB General Counsel seeks to impose unions without employees getting a secret ballot vote.
Agenda:
- Impact of the new NLRB Majority
- Return of labor law enforcement designed to enhance union organizing.
- Broad “joint employer” definition.
- Return of NLRB “Ambush” election procedures, “micro-units,” etc.
- Which changes are already here? Which are likely to come? How quickly?
- New feature: Interactive role plays provide practical experience with avoiding and responding to union threats.
- NLRB General Counsel’s Aggressive Agenda
- Prohibiting captive audience meetings (currently litigating issue in test cases before NLRB!)
- Urging Board to reinstate Joy Silk doctrine (i.e., card check replaces secret-ballot elections)
- Seeking increased backpay awards with new monetary components
- Less flexibility in settlement agreements
- Changes to NLRB Rules on employee handbooks, severance agreements, and workplace investigations. What should go in and what should stay out of your personnel documents!
- Social media, “virtual meeting,” electronic union cards, internet organizing – how unions use technology to reach your employees and attack you.
- Union activity on your property – Know how to protect your rights.
- “Protected concerted activity” – NLRB regulation of your workplace with and without unions.
- The “Basics” – What hasn’t changed.
- Analyzing Your Risk – See your employees through “union eyes.”