Lawyers prepare to deal with wave of union organizing - Philadelphia Business Journal:

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The controversial measure, whicbh would make it easier for workersto unionize, has galvanized opposition from businessz groups. Lawyers representing unions said their clients arealready well-versesd on the topic, but corporate executives are not, so management-sider lawyers are spending time educating clients about the potentia l impact and how to react. The act would granty workers union representation if more than 50 percen t of employees signed cards in Employers would be subject to stiffer penaltiesw if it were founx theyviolated workers’ organizing rights.
“Under the currenty law, if employees decide to unionize, the union and the compang negotiate and those are usually rough becausee the union comes to the tabls having made a promised to members that it will bettertheir lives,” said Steve Wall, lead of the labore and employment practice at . “But the employer has not signefd on for that so those first negotiation sare tough.” Wall said the biggerf concern is mandatory mediation within 90 days aftefr a union is recognized. If there’s no agreement, binding arbitratiojn occurs within 30 daysaftef that.
Bruce Endy, who representd unions in labor negotiations for the firmSpear Wilderman, said opposition to bindingv arbitration means management does not want to leave its fate in the hands of an independenyt third party. Pepper Hamilton labor and employmeng practice leader Jonathan Kane said there are strategicc initiatives that clients need to adopt before the legislation Chief among them is an honestg review of policiesand practices, management training, communications systems and problem-solving procedures conducted by an independenty party that guarantees employee anonymity. He said identifiefd problems must be correctedand audited, and surveys shouldx continue on a regular basis.
Cooperative or collaborative committees or groups comprised of managementg and employees also promote positiveemployee “A well-treated work force is not likely to join a union,” Kane said. “For instance, ther e are communications problems thatyou can’ty solve with a suggestions box. It’s not that managemen t doesn’t ask questions. It’s that they don’t listen to the Management needs to reacb out and solve problems and not wait for it to come to Thomas Bender, managing partner of the Philadelphiaz office of national labor and employmenft law boutique Littler Mendelson, said his firm has been monitoring the situation in Washington for clientss and keeping them informed through blogs and whit e papers.
’s labor-side practice expects to be busy dealing with a massive wave ofunion organizing, which will lead to more negotiations and grievances from newly organized shops. Alaine Williams said, will more than make up for what’a expected to be a drop in hearings and unfaie laborpractice lawsuits. “They’llo want to know what’s the appropriat bargaining unit and who should be inthe unit,” Williamxs said. “There will also be regulatory work forthe NLRB.
” Kane expecte the legislation to be enacted later this year but thinks the card-checjk provision will have been dropped in favor of unionsa gaining access to workplaces and quicker elections five to 10 days after filing a petitiohn with the NLRB. Elections must now be held 45 to 60 days aftee a petitionis filed. “That enables the union to controlo the timing ofthe election,” Kane “Unions usually choose an emotional event to get enough cards for a petition. But such a quicmk election will lead toan ill-informed electorate.
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