Construction Management & Law

Construction Managment & Law

Ambush Elections Seminar Series

 get left of the

Are you ready for the new assault in union organizing?

Cost:  The two seminars and concluding webinar is a package deal at $250 for all three, limited to 40 people.

Get Your Records Ready!                       Feb 26th Mahoney State Park

Conduct a “hands on session” concerning how to get their records and SOP ready to mitigate any “unfair labor practice” charges.

Target Audience:

HR personnel, payroll personnel, senior management responsible for policy & procedures

Location Date & Time

Location: Mahoney State Park – Peter Kewit Lodge - Little Bluestem & Cottonwood Rms

Date: Feb 26th

Time: 9:00 am to 11:30 am

Capacity – 40 class room style

Subject Matter Presented by H&S, Labor Lawyers

1) Employee Handbooks and Policies (Bill Harding) 30 mins - All attendees will be asked to bring their employee handbook and related policies.  The discussion will review policies which have most often been the subject of litigation in union organizing drives (non-solicitation, employment at will statement, distribution of literature, use of bulletin boards, and access to quasi- public areas before and after work, etc.).  The discussion will also cover employee receipts, time spent to review the rules.

2) Personnel Forms (Jerry Pigsley) 30 mins - Attendees will be asked to bring all personnel forms.  The discussion will focus on hiring, performance appraisal, reprimands, and firing and the discrimination charges in each area which normally develop during a union organizing drive.  The discussion will also review required record keeping for Davis-Bacon and FLSA purposes (including travel time). 

3) Electronic Issues (Jack Shultz) 30 mins - All attendees will be asked to bring policies relating to internet usage, cell phones, pagers, social media and e-mail.  The discussion will cover needed revisions to policies after the NLRB decision in Purple Communications, 361 NLRB No. 126 (12-11-14) and recent ALJ and NLRB decisions relating to both concerted activity and union campaigns.  The discussion will also cover investigations, discrimination charges, and waivers under the NLRA, the Computer Fraud & Abuse Act, the Stored Wire & Electronic Communications Act and the Electronic Communication Privacy Act.

4) Job Descriptions & Organization Charts (Wes Goranson) 30 mins - Attendees will be asked to bring all job descriptions, organization charts and temporary help or manpower agreements.  The discussion will focus on those and other documents needed to prove voter eligibility, bargaining unit exclusions (supervisors, confidential employees, office and plant clerical employees) and bargaining unit composition.  The discussion will also focus on special documentation need for temporary help agency employees and application of the construction industry voter eligibility rule. 

Required Materials To Be Brought To The Session by Attendees

Requires that they bring a copy of their HR and SOP manuals to be marked up with their notes.

Deliverables & Takeaways:

A hand marked up copy of their current HR records & SOP with preliminary draft notes concerning changes needed to be made to avoid an unfair labor charge 

Get Your People Ready!                          March 10th Mahoney State Park

Educate them to identify if they are being targeted and what they should and shouldn’t do and what to be prepared for.

Target Audience:

Company owners, senior management and project supervisors.

Location Date & Time

Location: Mahoney State Park, Peter Kewit Lodge- Little Bluestem & Cottonwood Rms

Dates: March 10th

Time: 8:00 AM – 11:30 AM

Capacity – 40 class room style

Subject Matter Presented by Labor Relation Institute & H&S Labor Lawyers

1) Tripwire Training (Steve Wardrop) 3 hrs

2) The importance of Approachability and Engagement (Steve Wardrop) 1 hr – Review and highlight “approachability and engagement skill training” for front line supervisors

3) What You Can and Cannot Say (Bill Harding) 30 minsWill cover “TIPS” and the “Common Reasons Why Employees Do Not Need A Union.”

4) When It Rains It Pours–Other Things To Be On Guard For (Bill Harding) 30 mins - Review the high points of the most common other violations must likely to be brought forward covering Wage & Hour, OSHA, Davis Bacon, equipment & site security.

Required Materials To Be Brought To The Session by Attendees

None

Deliverables & Takeaways:

  • Approachability for First Level Leaders by Phillip Wilson, Labor Relations INK
  • Employee Satisfaction Surveys by Phillip Wilson, Labor Relations INK

Get Your Message Ready!                         March 23th  webinar

Think through who will receive the message, what that message will be and how and who are the appropriate persons to deliver the message then consider how you will package the message.

Target Audience:

Company owners and senior management.

Location Date & Time

Webinar on March 23th from 11:00 am to Noon

Subject Matter Presented by Labor Relation Institute & H&S Labor Lawyers

1) Who Can Vote (Bill Harding) -  Will cover the voter eligibility formula set forth in Daniel Construction Co., 133 NLRB 264 (1961) as modified in 167 NLRB 1078, 1081 (1967) and as further modified in S.K. Whitney and Co., Inc., 304 NLRB 776 (1991).  The discussion will also cover special voter eligibility issues for 8(f) units under the NLRB decision in John Deklawa & Sons, 282 MLRB 1375 (1987), P.J. Dick Contracting, 290 NLRB 150 (1988) and Oklahoma Insulation Co., 305 NLRB 1010 (1991). 

2) What You Can and Cannot Say (Bill Harding) – Will cover “TIPS” and the “Common Reasons Why Employees Do Not Need A Union.”

3) Building Your Message (Steve Wardrop)

Left of Boom Messages! – Hold regular company meetings to build a company culture. Use the ABC Discussion Posters created by LRI and “Unions: The 7 Lies You Must Know” white paper also by LRI

Right of Boom Messages! – “Campaign In-The-Cloud” concept.  Use of Campaign Specialty Items as a easy, high-impact way to get the sometimes complex messages about the problems with unions across to employees / voters.  ie: Union Warranty Coupons, Vote NO! Wristbands

STRIPPING  Is it really that good? Let’s look at the facts!

SALTING  They are out to destroy the company, Who is the real winner here???

AMBUSH ELECTION  Let’s vote and then we will figure it out, Does that make good sense???         

  • Attendees Required Materials To Be Brought To The Session

    None

Deliverables & Takeaways:

  • ABC Discussion Posters created by LRI

  • Unions: The 7 Lies You Must Know” white paper also by LRI

  • More resources got to  http://lrionline.com

 



Associated Builders & Contractors
State Office/Lincoln Training Center
830 Westgate Blvd.
Lincoln, NE  68528
402-477-4451

Associated Builders & Contractors
Omaha Training Center
2602 Harney Street
Omaha, NE  68310
402-344-4258