8 a.m. Registration and continental breakfast
8:30 a.m. Program begins
Noon Lunch (provided)
4:30 p.m. Program adjourns


Introduction:

  • Union organizing petitions rose 53% in 2022 and continue to climb.  
  • NLRB Charges against employers are up 16% so far in 2023.
  • NLRB recently outlawed employer use of confidentiality and non-disparagement agreements. Other NLRB decisions applying to employers without unions are pending.
  • Gallop polls from late 2022 reveal that 77% of Americans aged 18 to 34 approve of unions; the overall approval from all age groups combined is 71%--the highest rating of labor unions since 1965.
  • Labor shortages and inflationary pressures are favoring union organizing.
  • NLRB General Counsel seeks to impose unions without employees getting a secret ballot vote.

Agenda:

  • Impact of the new NLRB Majority
    • Return of labor law enforcement designed to enhance union organizing.
    • Broad “joint employer” definition.
    • Return of NLRB “Ambush” election procedures, “micro-units,” etc.
    • Which changes are already here? Which are likely to come?  How quickly?
       
  • New feature: Interactive role plays provide practical experience with avoiding and responding to union threats.
     
  • NLRB General Counsel’s Aggressive Agenda
    • Prohibiting captive audience meetings (currently litigating issue in test cases before NLRB!)
    • Urging Board to reinstate Joy Silk doctrine (i.e., card check replaces secret-ballot elections)
    • Seeking increased backpay awards with new monetary components
    • Less flexibility in settlement agreements
       
  • Changes to NLRB Rules on employee handbooks, severance agreements, and workplace investigations. What should go in and what should stay out of your personnel documents!
     
  • Social media, “virtual meeting,” electronic union cards, internet organizing – how unions use technology to reach your employees and attack you.
     
  • Union activity on your property – Know how to protect your rights.
     
  • “Protected concerted activity” – NLRB regulation of your workplace with and without unions.
     
  • The “Basics” – What hasn’t changed.
     
  • Analyzing Your Risk – See your employees through “union eyes.”