Monday, April 27, 2015

Ambush Election Update

April 2015
By Richard H. Wessels, Esq.

With the new pro union ambush election rules now in effect, law firm bloggers are busy issuing warnings about this situation. To read them one would conclude that employers are now going to be in a constant state of campaigning to prevent union organizing. My view is that this is an overreaction. All that has really changed are shortened time frames for an election and big procedural limits on how employers can approach these cases. Some very simple steps should put you in good shape:  
  1. By all means, do supervisory training on the union issue. Front-line supervisors are your best line of defense.
  2. Read my ABC's of Staying Union Free. This covers the basics of supervisory training, common danger signs of organizing activity, etc. My legal assistant Lisa Narug will forward a complimentary copy of ABC's of Staying Union Free to you if you email her at linarug@wesselssherman.com.
  3. Contact me immediately if you are hit with an organizing petition. A quick response is critical! You will have precious little time under the new procedures to get your side of the story across. If you act quickly, you'll still have plenty of time for an effective counter organizing campaign. Contact information for me is as follows: office (630-377-1554), cell (312-401-7444), email: riwessels@wesselssherman.com.
The legal challenges by business groups are still pending in Federal Courts in Texas and in Washington DC. Unless and until one of the Federal Courts says differently, the new rules apply and employers will be faced with quickie elections and unfavorable procedural rules.

One final thought. A union petition is a 911 situation. It is no time for amateur hour. You will need someone with vast experience. And, I have been successfully representing employers across the USA countering organizing campaigns since the mid-1960s. On several occasions our offices have been picketed by labor unions with my picture on a wanted poster.
 
   
Questions? Call Attorney Dick Wessels of Wessels Sherman's St. Charles, Illinois office: (630) 377-1554 or email him at  riwessels@wesselssherman.com.