Gregory S. Gyarmati Human Resources Director Dover Downs Hotel - PowerPoint PPT Presentation

Gregory S. Gyarmati Human Resources Director Dover Downs Hotel & Casino and Dover International Speedway

Overview of the new NLRB rulings Best practice tips on how to remain union free LEAD [ SIMPLY ] TM

Source for YouTube video: https://www.youtube.com/watch?v= xMT-dd8Ll6g

Mark Gaston Pearce (D) Kent Hirozawa (D) Lauren McFerran (D) Harry Johnson, III (R) Philip Miscimarra (R) http://shared.littler.com/tikit/2014/14_Webinars/PDF/12-17-14_Ambush_Elections_Webinar.pdf

2013 * 1950 1980 11% 38% 27% 62% 73% 89% Non-Union Union * Private-sector is 6.7% Source: www.irionline.com

Ambush Election Rulemaking Purple Communications

Median number of days from petition to election = 38 days Percentage of elections held within 56 days = 94.3% Union win rate continues to climb: 2012: 63.2% 2013: 64.7% 2014 (through June): 69.2% Source: http://shared.littler.com/tikit/2014/14_Webinars/PDF/12-17-14_Ambush_Elections_Webinar.pdf

2012 2014 2011 2013 2015 APRIL: Rule first went into effect APRIL: Public hearing DECEMBER: and comments APRIL 14th: Final rule Effective Date published FEBRUARY: JUNE: NLRB reissued NPRM NLRB initially released Notice of Proposed Rulemaking DECEMBER: (NPRM) re: new election rules Final rule published May: Federal District Court invalidated rule Source: http://shared.littler.com/tikit/2014/14_Webinars/PDF/12-17-14_Ambush_Elections_Webinar.pdf

NLRB adopted Final Rule on Ambush Elections – Published in FR on 12/12 – Goes into effect on 4/14/15 – Already facing legal challenges – Republicans are threatening to block funding Source: www.irionline.com

Expedited Elections Electronic Submissions and Communications Voter Eligibility Issues Deferred Expedited Pre-elections Hearings and Employer’s Position Statement Employer must provide employee information Source: http://www.ogletreedeakins.com/publications/2014-12-12/nlrb-issues-ambush-election-rules%E2%80%94union-elections-now- likely-occur-less-21-d

2015 MAY Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 Petition filed 2 and Petition and Notice of Hearing Served 3 4 5 6 7 8 9 Notices of Statement of Petition posted Position due 10 11 12 13 14 15 16 Hearing Decision and Excelsior list Direction of due Election 17 18 19 20 21 22 23 Notice of Election posted 24 25 26 27 28 29 30 Election due date Source: http://shared.littler.com/tikit/2014/14_Webinars/PDF/12-17-14_Ambush_Elections_Webinar.pdf

2015 MAY Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 Petition filed 2 and Petition and Notice of Hearing Served 3 4 5 6 7 8 9 Notices of Statement of Petition posted Position due 10 11 12 13 14 15 16 Hearing Decision and Notice of Excelsior list Direction of Election posted due Election 17 18 19 20 21 22 23 Election due date 24 25 26 27 28 29 30 A union may waive the 10-day period it is entitled to the voter list Source: http://shared.littler.com/tikit/2014/14_Webinars/PDF/12-17-14_Ambush_Elections_Webinar.pdf

Overturns Register Guard Presumption that employees with email access have the right to solicit using employer email systems during non-work time Non-employees can still be restricted from employer email Employer can only limit access for employees with special circumstances Can monitor email communication Applies retroactively Source: www.irionline.com

Speed is the key Everything prepared in advance Only time for minor tweaks Fewer days = no room for error Almost no time for fence-mending Consider use of campaign experts Source: www.irionline.com

Competitive Wages & Benefits — Outside & Inside Communication with Employees — What are the Wants? Education of Employees Identification/Training of Supervisors Education of Management Source: http://www.dannamckitrick.com/articles/2009/01/10-ways-for-companies-to-stay-union-free-with-or-without-the-passage-of- the-employee-free-choice-act/

Hiring & Promotion Policies — Who are the Agitators? Quality Working Conditions Resolve Complaints Efficiently & Effectively Teamwork Obtain Legal Counsel Source: http://www.dannamckitrick.com/articles/2009/01/10-ways-for-companies-to-stay-union-free-with-or-without-the-passage-of- the-employee-free-choice-act/

THE FRAMEWORK MODEL. CONNECT. INVOLVE.

THE FOUNDATION 29 of us are engaged with our 100 work (we care) are not engaged with our work 54 (we don’t really care) 100 Are actively disengaged with 17 our work (we really don’t care) 100

MODEL Commit to being engaged yourself, regardless of circumstances Be what it is you want to see more of Think about what it is you’d like to see from your team and model it

CONNECT Have more frequent, intimate, and meaningful conversations Show people the big picture more often Let your people know you have their back and appreciate them = Talk. Listen. Show. Share.

INVOLVE In solving the challenges you face Leading the effort to make that something special happen Ask your people to give you their thoughts

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