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NLRB Likely To Strictly Enforce Employee Personal Data Rules

  • October 21, 2015

Expect Strict Enforcement On NLRB Requirement to Provide Employee Personal Data

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The gifts for human resources professionals just keep on coming from the National Labor Relations Board.  In early October, I posted the following note as part of our labor updates on the CUE labor relations blog.

Failure to Provide Required Available Employee Personal Information Costly

Earlier this month, an NLRB Hearing Judge ordered that an election be re-run after agreeing with objections that an employer had failed to comply with the new NLRB election rule procedures requiring that employers provide

As reported in an article in National Law Review, the new rule on an employer’s obligation to provide voter contact information provides:

Absent extraordinary circumstances, within two business days after the issuance of the direction of election, the employer must provide the Regional Director and the parties the list of the full names, work locations, shifts, job classifications, and contact information (including home address, available personal e-mail addresses, and available personal cellular or phone numbers) of all eligible voters ….

In the case of Danbury Hospital, No. 01-RC-153086 (Sept. 16, 2015), it appears as if the HR department relied exclusively upon one internal system to gather personal emails and phone numbers for the union.  When the union noted the very small percentage of numbers provided, they filed an objection and the Board investigated.  The facts showed that there were several other internal systems where such data was recorded and available to the employer, and as a result of this and some other facts, an election rerun was ordered.

Now, Bloomberg Daily Labor of a decision last Friday is very significant and presents a communication opportunity for your management teams. The decision was made by the Regional Director of Region 1 in Boston on union objections to an election loss in which and ordered that the election be run again due to the failure of the employer to make exhaustive efforts to provide the required personal phone number and email addresses for employees.

Labor and employee relations practitioners would be well served to review the case. It’s a cautionary tale of an employer victory that was overturned because of an insufficient list – even though the phone numbers and personal email addresses of 94% of the employees were provided to the union and the NLRB.

CUE Labor Lawyer Advisory Committee member Clyde Jacob predicts that the NLRB will be very strict in their enforcement of the new voter eligibility list requirements, and that this could easily lead to an affirmative requirement for all employers to have all of their employees phone numbers and personal email addresses readily available as a normal part of HR business.

Demonstrating due diligence in your information gathering for the Excelsior list is going to be a critical part of election preparation for employers.  It would be wise to conduct audits of your systems in advance, including both automated and manual systems to ensure you can respond quickly to the new voter eligibility list requirements. Your audit should include potential sources of information outside your internal HRIS, including supervisory lists, I-9 forms and any external sites where employees may provide personal data in order to receive company discounts or other services.

From the C-suite: On Capitalism and Wages

  • October 21, 2015

Here is an interesting interview on CNN Money and also Nation’s Restaurant News featuring Kat Cole, group president of Focus Brands Inc. in which she lays out her perspective on the huge discussion around wages in the United States.  Cole tells CNNMoney that “there is also a capitalist argument to be made for higher wages,” but notes “the answer is not $15/hour tomorrow.”

The round of “fight for $15” protests by fast food workers and others will take place on November 10th.

 

CUE Weekly Headline Update – October 16, 2015

  • October 16, 2015

CUE Weekly Headline Update

The CUE conference in Denver is now past and the feedback from attendees has been amazing.  More than 300 attendees met earlier this week learning about all the latest developments in labor and employee relations, and headed home with solid ideas for building a positive workplace environment.  While the CUE staff travels home and spends a little time with our families, here are some links to end the week.

Thanks to all our speakers, attendees and volunteer leaders who truly helped us in Reaching the Summit of Positive Employee Relations!

weekly updateAttendees who would like to take advantage of the offer from CUE keynote speaker Kris Dunn to get your own 9 box grid leadership profile done can send your request to him here.

Millennials Aren’t Special – They Just Have Great Timing

Minneapolis leaders take workplace scheduling plan off the table

Resource Update – Navigating the “Shadow Workforce” of Interns, Volunteers, Independent Contractors and Temporary Workers

Fiat Chrysler Said to Double Use of Temp Workers in UAW Contract

NEW FOR 2016 – ORGANIZATIONAL MICRO-CULTURES

Seven Habits of Highly Ineffective Communicators from CUE pre-conference workshop leader Phil Wilson

And finally,  this story from Politico could create travel frustration for some this weekend.

CAN UBER DRIVERS STRIKE?

Some Uber drivers are pushing for a strike this weekend. According to a Facebook events page, strike organizers are calling on Uber to raise rates by 60 percent nationwide, add tip options, raise the cancellation fee to $7, and raise the minimum fare to $7. The strike will test whether or not Uber drivers can successfully organize meaningful collective action, even though the company insists they are not employees.