Bad Boss Monday

Working America, which is an affiliate of the AFL-CIO, recently sponsored a bad boss contest. Some of the winners are described here. Its enough to make you appreciate your own superior's eccentricities, well, maybe not. Its not surprising that a labor affiliate would sponsor this contest. The number one reason employees seek out union representation - mistreatment by their boss. Not wages, not benefits, not even oppressive working conditions drive employees to a union as much as bad treatment by the boss.

Trade Group sues to prevent new notice posting requirement

The National Association of Manufacturer's (NAM) has filed suit to compel the NLRB to suspend its new rule requiring employers to post a notice in the workplace concerning rights employees have under the National Labor Relations Act. It appears this is in keeping with the NAM's battle against regulations it maintains impede productivity and job creation. There is a world of difference between a environmental regulation and a notice posting requirement, but as they are both new regulatory restraint, the NAM is against them. The NLRB requirement requires the posting of a notice that the NLRB provides as a free download. Its hard to distinguish this posting requirement from other requirements under state and federal law which compel employers to post notices to inform employees of their rights. The real issue here is employers fear employees might learn something that they will act upon. There is a strong argument the new requirement, when assessed in the context of the new rules for representation elections the Board has proposed, presents an opportunity for the sophisticated employer who integrates appropriate discussions into a program of education for employees.

2010 union free planning

Bloomberg has a good piece on corporate ramp up in advance of expected legislation to provide an easier path for organizing workers. As noted before, card check is dead, but quickie elections are a likely result of early action in 2010. Its a political necessity for Democrats to energize their labor base.

FTC issues endorsement rules for bloggers

The Federal Trade Commission has issued rules requiring bloggers to disclose the receipt of cash or in kind contributions from the subject of their reviews or endorsements. From the FTC release and the connection to unions after the jump:

"The revised guides specify that while decisions will be reached on a case-by-case basis, the post of a blogger who receives cash or in-kind payment to review a product is considered an endorsement," the FTC said in a release. "Thus, bloggers who make an endorsement must disclose the material connections they share with the seller of the product or service."

The new rules also require advertisers who use research studies they fund to disclose the funding. Two points here. First neither Nola Employers' Blog nor its blogger has received anything of value for this labor of love. Second, the big push to use Web 2.0 tools in union avoidance likely will be covered by the regulation. Blog "endorsements" supported by employers or unions for campaign purposes will be required to disclose any "material connections."

Why rushing into EFCA solutions is unwise.

Over the years a marketing noise machine cranks up with every new employment law winding through Congress. ADA, the Civil Rights Act of 1991 and now EFCA. Seriously, Chicken Little runs amok! There are very sane and important actions for employers to take now, but rushing to adopt strategy and tactics to operate as if EFCA will pass as introduced is both wasteful and dangerous. The strategic issues relating to union avoidance are likely to remain unscathed by whatever amendments to the NLRA are ultimately passed. Doubtless the tactics to succeed will change dramatically. However, until the change is passed, designing tactical responses can be wasteful if they are unworkable under the new law and dangerous if an employer is relying upon a "Maginot line." Given the heated nature of the issue, nothing will pass under radar. There will be time to revise tactics after the change becomes known.

Doing nothing is also dangerous. A significant part of the employer's strategy is to educate employees on the negatives of unionization as well as the positives of a union free environment. Changes in the law are very likely to shorten the time within which that can be done and place limitations on employer access to employees. Card signing (or petitions) will remain a part of the process, but as it is now, a predicate to a secret ballot election. Over the next few weeks we will post specific suggestions, like the one in the previous post.