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.

Ambush Election Countdown – April 14, 2015

March 2015
By Richard H. Wessels, Esq.

The Ambush election countdown is on. The new pro-union NLRB quickie election rules are slated to go into effect April 14, 2014. We remain hopeful that the on-going challenge in the US Congress and/or legal challenges in Federal Courts in Texas and in Washington, DC will stall this big advantage which will be given to labor unions. But, one never knows. Here are the key elements of the new rules:

•  Fast track elections (10-21 days)
• Tough procedural changes limiting employer rights
• Detailed requirements on employee information the employer must provide to the union  early in the process – name, home address, personal phone number, email address

What should an employer do? Our best answer is assume the worst and be prepared. At a minimum, this should include:

•  Basic skills training for front-line supervisors. Front-line supervisors are your best defense. We can accomplish this in a supervisor training session of about an hour and a half.
• Review our updated ABCs of Staying Union Free. My legal assistant Lisa Narug has just completed the update and you can receive a complimentary copy by contacting her at linarug@wesselssherman.com
• Be ready to react immediately. It’s comparable to a 911 situation! If you are hit with a petition, contact a skilled labor lawyer immediately. This is not something for someone who has not had vast experience in union election campaigns. We stand ready to react on a moment’s notice. My email address is riwessels@wesselsherman.com. My office phone is 630-377-1554 and my cellphone is 312-401-7444.

Stand by for updates on this dangerous situation. As I said in one of my recent updates, our guess is that one of these challenges will be successful and the ambush rules will be stalled. However, you need to be prepared in the event that they are implemented on April 14^th.

Questions? Call Attorney Dick Wessels of Wessels Sherman's St. Charles, Illinois office: 630-377-1554 or email him at riwessels@wesselssherman.com.