1. John F. Bowen LTDEmployment Legal Services & Consultingstrategic solutions | proven results TWIN CITIES LABOR RELATIONS ROUNDTABLE THE FUTURE OF LABOR LAW REFORM John F. Bowen June 17, 2010

2. ELEMENTS OF THE AGENDA FOR LABOR LAW REFORM ORGANIZED LABOR’S AGENDA CHECK LIST Create an atmosphere more favorable to unions Political agency appointments Federal regulation Pro-union legislative agenda Employee Free Choice Act Respect Act Anti-Strikebreaker Legislation Repeal State “Right to Work” Laws Recognition of Minority Bargaining Rights LABOR REFORM John F. Bowen LTDEmployment Legal Services & Consultingstrategic solutions | proven results

3. THE CLIMATE FOR LABOR LAW REFORM Just twelve months ago . . . President Obama had strong popular support for his pro-labor agenda Democrats enjoyed overwhelming majorities in both houses of Congress The Administration had made key pro-labor appointments to critical agency positions Wilma Liebman - Chairperson of the National Labor Relations Board Hilda Solis - Secretary of Labor President Obama had passed four very pro-union executive orders Project Labor Agreements Posting about organizing rights Restricting the use of government funds for union avoidance Imposing successorship on federal contractors UAW bailout in auto industry Unprecedented access to the White House John F. Bowen LTDEmployment Legal Services & Consultingstrategic solutions | proven results

4. Political Climate Suggested Big Labor Would Finally Achieve Comprehensive Labor Reform http://www.youtube.com/user/AFLCIONow#p/u/12/kJG6kKlH_gY John F. Bowen LTDEmployment Legal Services & Consultingstrategic solutions | proven results

5. THE CLIMATE FOR LABOR LAW REFORM Fast forward twelve months . . . Union greed undermined labor’s No. 1 priority: EFCA WILL NOT PASS Public opinion turns against organized labor and the preferential treatment of unions by the Obama Administration The swing of one Congressional seat seemed to reverse the “super-majority” enjoyed by Democrats For all practical purposes – organized labor’s legislative agenda has very little chance of passing during the next Congressional session John F. Bowen LTDEmployment Legal Services & Consultingstrategic solutions | proven results

6. LABOR LAW REFORM IS NOT DEAD With the apparent demise of EFCA employers are breathing a sigh of relief But . . . The building blocks for significant labor reform are are already in place – it’s only a matter of time . . . Labor law reform will be achieved by stealth – and with little or no challenge by employers. Regulatory enforcement and rule changes Adjudication and rulemaking by the NLRB Enforcement strategies by Administrative Agencies John F. Bowen LTDEmployment Legal Services & Consultingstrategic solutions | proven results

7. NEW PLAYERS CHANGES AT THE NLRB Composition of the NLRB Five person panel has only 4 members: 3 liberal pro-union appointees and one only 1 pro-employer conservative. Guaranteeing every three-person panel that decides a case will be composed of a 2-1 liberal majority General Counsel Ronald Meisburg stepping down The announcement spurred speculation that Meisburg resigned over concerns about planned rule making to implement features of EFCA John F. Bowen LTDEmployment Legal Services & Consultingstrategic solutions | proven results

9. NEW PLAYERS Craig Becker Law Review Article 1993: “employers should be stripped of any legally cognizable interest in their employees’ election of representatives.” Every workplace should be unionized and that without union representation workers are essentially disenfranchised “Just as U.S. citizens cannot opt against having a Congressman, workers should not be able to choose against having a union as their monopoly bargaining agent” Recusal refusal: the Becker two-step John F. Bowen LTDEmployment Legal Services & Consultingstrategic solutions | proven results

10. IMPACT OF THE NEW BOARD Liebman led Board will likely look for opportunities to reverse Bush-era decisions that favor employers St. Barnabas Hospital, 355 NLRB No. 39 (June 3, 2010) 3 Member Panel upheld the right of medical interns and residents to unionize NLRB will use rule making authority to advance agenda to make union organizing easier June 10: Board seeking information regarding electronic voting for “remote and on-site” elections Through adjudication and rule-making to achieve many facets of the EFCA and labor law reform Impose card-check recognition Limit employer communication and provide equal access John F. Bowen LTDEmployment Legal Services & Consultingstrategic solutions | proven results

11. NEW PLAYERS Secretary of Labor Hilda Solis Solis at the AFL-CIO convention: Unions are more important than ever in today’s economic crisis. “Workers are under assault and they need the voice on the job that unions provide. I believe and I know union jobs are good jobs.” “That’s why I support the EFCA: to level the playing field so it’s easier for employees who want a union to form a union.” Solis Impact: Increased enforcement of wage and hour regulations and OSHA safety standards. John F. Bowen LTDEmployment Legal Services & Consultingstrategic solutions | proven results

12. NEW PLAYERS Last Fall, Richard Trumka took over as President of the AFL-CIO Trumka promises to much more aggressive in rebuilding union power Continues to push for passage of the EFCA In April, Mary Kay Henry became president of the SEIU “Fire in her belly” for fighting management interference Yesterday, Robert King elected to succeed Ron Gettelfinger as President of the UAW

13. Regulatory Rules and Enforcement Four Pro-Union Executive orders: EO 13496 Notification of Rights Under Federal Labor Law (Effective June 21, 2010) Contractors must post notice informing workers of the right to join a union Repeals Bush EO requiring Beck Rights poster Posting promotes “collective” rights over individual rights EO 13494 Economy in Government Contracting No reimbursement to government for costs incurred to persuade employees not to join a union. Preparing / distributing materials Legal counsel or consultants Holding meetings Impact: Forced neutrality on government contractors (compulsory unionism) John F. Bowen LTDEmployment Legal Services & Consultingstrategic solutions | proven results

14. Regulatory Rules and Enforcement EO 13502 Use of Project Labor Agreements for Federal Construction Projects (Final Rule - April 14, 2010) Encourages federal agencies entering into construction projects of 25M or more to require “project labor agreements” Pre-hire collective bargaining agreement establishing terms and conditions of employment for a specific construction project Repeals Bush EO 13202 prohibiting requiring contractors to enter into PLAs EO 13495 Non-displacement of Qualified Workers Under Service Contracts Requires new contractors to offer employment to non-supervisor employees of predecessor before hiring new employees Impact: Forces successorship on government contractors John F. Bowen LTDEmployment Legal Services & Consultingstrategic solutions | proven results

15. Regulatory Rules and Enforcement National Mediation Board Implemented a new procedural rule for conducting elections under the RLA Reversed 75 years of precedent Union elections determined by majority of votes rather than by a majority of unit employees Votes not cast were considered vote against unionization Rule was to go into effect June 10, 2010 Objections by employer groups and court action by the American Transportation Association has delayed implementation to June 30, 2010 The National Labor Relations Board has the same rulemaking authority as the NMB John F. Bowen LTDEmployment Legal Services & Consultingstrategic solutions | proven results

16. Regulatory Rules and Enforcement High Road Procurement Policy Favor unionized companies in granting of award of federal procurement contracts Creates a framework to “blacklist” employers suspected of violating federal labor laws Proposed rule-making regarding the scope of employer and consultant reporting under Section 203 of the Labor-Management Reporting and Disclosure Act “Advice” exception under 203(c) Currently - no direct contact and limits activity to providing advice The DOL believes the “advice exception is overbroad John F. Bowen LTDEmployment Legal Services & Consultingstrategic solutions | proven results

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