Presentation from February 17, 2011 meeting of the Twin Cities Labor Relations Roundtable

1. h Labor board gone wild! TWIN CITIES LABOR RELATIONS ROUNDTABLE John F. Bowen  Charles E. Feuss February 17, 2011

2. TWIN CITIES LABOR RELATIONS ROUNDTABLE UNIONIZATION CONTINUES ITS DECLINE! 34.7% 6.9% Twin Cities Labor Relations Roundtable

7. Five member panel composed of presidential appointees who serve staggered five-year terms

8. Chair Wilma Liebman | Marc Pearce I Craig Becker | Brian Hayes

9. Pending nomination for Terence Flynn

10. NLRB General Counsel (also appointed by the president)

11. Lafe Solomon

12. Regional Offices of the NLRB

13. 51 Regional, Sub-regional, and Resident officesTwin Cities Labor Relations Roundtable

15. Needs cases to come to it through the appeals process from cases decided at the Regional level

16. Political body – Precedent tends to shift as Presidential administrations change

17. Liebman Board: “Notice and Invitation to File Briefs”

18. Signaling to labor unions the Board’s desire and intent to change precedent

19. NLRB Rulemaking authority

20. Historically – rarely exercised

21. General Counsel

22. Independent from the Board, but . . .

23. Responsible for Regional investigation and prosecution of ULP charges

24. Supervises Regional Representation cases

25. Establishes Board legal policy through GC MemorandaTwin Cities Labor Relations Roundtable

27. GC Memorandum 11-04: Revised Casehandling Instructions Regarding the Use of Default Language in Informal Settlement Agreements and Compliance Settlement Agreements (Jan 12, 2011)

28. Auto default upon default

29. GC Memorandum 11-01: Effective Remedies in Organizing Campaigns (Dec 20, 2010)

30. Employer humiliation tactics as a means to achieve “labor peace”

31. GC Memorandum 10-07: Effective 10(j) Remedies for Unlawful Discharges in Organizing Campaigns

32. Expanded use of injunctionsTwin Cities Labor Relations Roundtable

37. Form, join or assist a union.

38. Bargain collectively through representatives of employees’ own choosing for a contract with your employer setting your wages, benefits, hours, and other working conditions.

39. Discuss your terms and conditions of employment or union organizing with your co-workers or a union.

40. Take action with one or more co-workers to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a government agency, and seeking help from a union.

41. Strike and picket, depending on the purpose or means of the strike or the picketing.

42. Choose not to do any of these activities, including joining or remaining a member of a union.Twin Cities Labor Relations Roundtable

43. LABOR BOARD GONE WILD! NEW “ORGANIZING RIGHTS” POSTER Twin Cities Labor Relations Roundtable

44. QUESTIONS?

45. John F. Bowenjfbowen@johnfbowen.com Charles E. Feusscfeuss@felhaber.com