CUE Director Co-authors Labor Relations Article For SHRM

NLRB Rule, Decisions Transform Workplace

I recently co-authored an article that appeared last week on the Society of Human Resources (SHRM) website discussing how recent decisions by the National Labor Relations Board are beginning to impact the workplace in 2016.  If you are a SHRM member, you can read the complete article here.

The National Labor Relations Board’s (NLRB’s) ambush election rule and micro-bargaining decisions may tilt the balance in favor of unions. It pays, therefore, to take some time to brush up on what both require of employers.

Topics covered in the article include:

• Representation Election Rules – The NLRB issued a new rule effective April 14, 2015, shortening the time of a representation election from about 40 days to about 20 days. In addition, the rule requires employers to provide the NLRB and the petitioning union with the phone numbers and e-mail addresses of employees.
• Micro-Units – Also of relevance to the ambush election rule, the NLRB recognized micro-bargaining units in its landmark ruling of Specialty Healthcare, 357 NLRB No. 83 (2011), and again in Macy’s, 361 NLRB No. 4 (2014).
• Strategize and Plan – Employers must plan now for the possibility of an organizing attempt so if they receive a petition, they can implement their strategy immediately.
• Managerial Training –  Finally, training of managers and supervisors should be a regular and ongoing event. Under the old rules, training on union issues often happened after the petition was filed, but now there isn’t the time.

Bruce Olin is an independent consultant in St. Augustine, Fla., and Michael VanDervort is executive director of HR consultancy Cue Inc. in Clayton, Ga. Both are members of the SHRM Labor Relations Special Expertise Panel.