LABOR and EMPLOYMENT SAMPLER

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LABOR and EMPLOYMENT SAMPLER

• Francis J. Raucci, Esq.

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Introduction and Overview

• Scope of Presentation
• Labor vs. Employment
• Effect on unions and their ability to organize.

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Labor

• Brief History
• 19th Century
• Early 20th Century
• New Deal
• AFL-CIO-Teamsters
• Legal Basis
• Pre-Wagner / Norris LaGuardia
• State vs. Federal
• Taft-Hartley-NLRB
• Pre-exemption
• Right to Work state laws
• Landrum-Griffin
• Employee vs. Union vs. Employer
• ERISA

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Labor

• Three Legged Stool
• Pre-OrganizationA. Methods
• Recognition Demands
• Demands for recognition
• Picketing / Handbilling
• Card checks
• Pros / Cons
• Election
• Dos, Donts and Cants
• B. Tactics

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Labor

• Three Legged Stool
• OrganizedA. First Contract
• Offensive Provisions - Rationale
• Management Rights
• Minimums
• Zipper
• Flavored Nations
• Defensive - Rationale
• Controls on Eligibility for Benefits, etc.

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Great Falls Clerks1994 - 1999

• Page 1, Item 2.3
• The terms hereof are intended to cover only
  minimums in wages, hours, working conditions and
  other employee benefits. Employer may place
  superior wages, hours, working conditions and
  minimums herein prescribed, without the consent
  of the Union.

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Great Falls Clerks1994 - 1999

• Page 8, Item 11.2.1
• Vacation leave shall not be accumulated beyond
  vacation periods hereinafter specified, unless
  otherwise mutually arranged between the immediate
  Employer and employees involved.

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Great Falls Clerks1994 - 1999

• Page 2, Item 2.4
• The Employer retains all rights not surrendered
  herein to manage, control, operate or regulate
  its business and its work force including, but
  not limited to, the right to schedule work and
  time off as it sees fit.

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Great Falls Clerks1994 - 1999

• Page 17, Item 21.1 (continued)
• The employee/union expressly waives all legal
  and equitable procedures and remedies for such
  discharge other than those provided by the
  grievance and arbitration process.

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Labor

• Three Legged Stool
• OrganizedB. Bargaining Tactics
• Multi-Employer vs. Single
• Preparation / Costing / Contract Review
• Use and Abuse of 3rd Parties
• Ratification / Rejection
• Strikes and Picketing
• Industry-sensitive
• Strike replacements
• Role of NLRB

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Labor

• Three Legged Stool
• OrganizedC. Benefits
• MOB
• Pension
• Cost Containment
• ERISA
• Trusts

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Great Falls Clerks1994 - 1999

• Page 9, Item 12.1.1
• Montana Retail Store Employees Health and
  Welfare Trust

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Great Falls Clerks1994 - 1999

• Page 11, Item 14
• Intermountain Retail Store Employee Pension
  Trust

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Labor

• Three Legged Stool
• Contract AdministrationA. Definition
• B. Grievance and Arbitration
• Concept of Just Cause
• Importance of Policies
• Some war stories and wounds
• C. Trusts and Benefits Administration
• Organization
• Importance
• Union Dominance

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Great Falls Clerks1994 - 1999

• Page 16, Item 21.1
• No employees shall be discharged or suspended
  without just cause. If an employee believes that
  he or she has been discharged or suspended
  without just cause, the employee/union must raise
  and all of such matters in the grievance and
  arbitration process.

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Labor

• Three Legged Stool
• Personal Interests

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Employment

• Distinction between Wrongful Discharge and
  Statutory Rights
• Court made vs. Legislature
• e.g. Sees Candy vs. Title VII, ADEA, etc.
• Wrongful Discharge
• Erosion of at-will
• Contract theories
• Tort and defamation theories, including
  references, whistle blowing, etc.
• Effect on Policy books, e-mails, evaluations,
  etc.

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Employment

• Damages
• Lottery aspect vs. only back pay
• Negative effect on unions
• Class actions
• Protected Rights
• Statutory Basis
• Federal EEOC, ADEA, ERISA, WH
• State Human Rights, WH
• Real Politick
• Effect of Adverse personnel action
• Importance of right hire

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Employment Litigation1994 / 1995 / 1996
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Agency Discrimination Charges1994 / 1995 / 1996
No. of Charges
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Employment

• Prevention
• Source-Top Management
• Option 1. Treat all adverse personnel actions as
  meeting just cause tests
• Option 2. Sanitize policy books to remove any
  basis for contractual commitment
• Option 3. Conduct a full Employment Audit to
  create a base line.

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Employment

• Miscellaneous
• Special areas of concern
• Sexual harassment
• Performance evaluations
• E-mails
• Equal pay
• Personal Interest

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Diversity Pyramid