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April Brings Some Bad Luck for the NLRB - Posting Rule Postponed Again, But Quickie Election Rules Still in Effect
Employers have been preparing for the April 30, 2012 effective date of the National Labor Relations Board's (NLRB) new rules that (1) require most private employers post a notice of employees' rights to organize and join a union, and (2) provide an expedited union election process.
As readers of our newsletter know, in March, a federal court in the District of Columbia upheld the posting rule. Business groups, including the National Association of Manufacturers, quickly appealed the ruling. In a surprising turn of events, a South Carolina federal court dealt a blow to the NLRB on Friday, April 13th when it invalidated the posting rule entirely, finding the Board lacked authority to issue the rule. Quickly thereafter, the DC Appeals Court enjoined the Board from enforcing the rule, and the Board immediately announced it would not implement the rule until the appeals process is resolved. For now, employers do not have to post the notice. We will keep you updated on this important issue.
However, the other NLRB rules scheduled to take effect on April 30th - the "quickie" election rules - are not affected by the posting delay. These new election rules will significantly shorten the time between the filing of a union representation petition and the date of the election. Once a union petition is filed, employers will have a very short time (approximately 15-20 days, versus 42 days under the old rules) to communicate with employees on why they might want to vote against the union. Employers need to be proactive about supervisor training and employee education, rather than waiting until an organizing petition is under way.
Please contact us if you have questions about the posting requirement, the impact of the new election rules, how to train supervisors on lawfully responding to organizing activity, or any other labor relations issue!
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New Oregon Law Prevents Bias Against the Jobless in Advertising
Oregon legislators recently passed a new law that prohibits discrimination against the unemployed in job advertisements. Oregon is now the second state in the nation (joining New Jersey) to prohibit this practice. The new law took effect upon the Governor's signing on March 27, 2012.
Oregon's law is very limited in scope. It simply prohibits employers from publishing job advertisements that state unemployed individuals should not apply, or that they will not be considered for a position. The new law does not prevent employers from considering an applicant's employment status during the hiring process. The penalty is $1,000 per violation.
But employers beware; a policy that technically abides by the new law, but nonetheless takes an applicant's employment status into consideration, may violate state and federal anti-discrimination laws if it effectively discriminates against a protected class (women, racial and ethnic minorities, people with disabilities, etc.). This effect is known as a disparate impact and can occur when a policy or practice appears to treat all applicants the same but actually treats one group more harshly than another. Unfortunately, a lack of discriminatory intent does not protect employers from liability; courts look only at the effect of the policy or practice.
Please contact us if you have questions about the new law or any employee relations issue!
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Union Membership Grows in Oregon, Declines in Washington
According to the US Bureau of Labor Statistics (BLS), union membership grew in Oregon in 2011, adding 25,000 new members, bringing the state's total union membership to 270,000, or 17.1 percent of the workforce. At the same time, Washington State lost union members, dropping from 552,000, or 19.4 percent, of the workforce in 2010, to 517,000, or 19 percent, in 2011.
Among the 50 states, New York continues to have the highest union membership (24.1 percent). Oregon's 17.1 percent unionization rate tied for seventh with California.
Nationwide, union membership increased by 49,000 from 2010 to 2011, the BLS reports. An increase of 110,000 union jobs in the private sector was offset by a decline of 61,000 union jobs in the public sector, making the overall nationwide rate of union membership virtually unchanged at 11.8 percent, with 14.8 million US union workers. In 1983, the first year for which comparable data is available, the union membership rate was 20.1 percent with 17.7 million union workers.
Private sector union membership grew among manufacturers (both of durable and nondurable goods) by 8,000 jobs nationally, between 2010 and 2011. Among full-time workers, the median weekly earnings for union members were $938 versus $729 for nonunion workers. Union women earned median weekly earnings of $879 versus their nonunion counterparts at $653.
For more information on labor force statistics, please visit the BLS website.
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With Union Activity on the Rise, Don't You Want to Know What Employees are Thinking?
Your employees are your greatest asset! Find out what is on your employees' minds with an Employee Opinion Survey!
Employee engagement is about more than just pay and benefits. An employee opinion survey provides you with critical insight into the people who know your business, your organization and your customer best.
If 30 percent of your employees report their supervisors are ineffective, should you be concerned? Is this typical for your industry? Our national database of normative data allows you to instantly compare and benchmark your organization against your peers.
Our Employee Opinion Survey measures nine key indicators of employee engagement:
- Communication
- Compensation and benefits
- Employee development and recognition
- Management effectiveness
- Policies and practices
- Quality and productivity
- Quality of work/life
- Supervisory effectiveness
- Working conditions
Here's what one UEA member said about their survey experience:
The employee opinion survey that UEA conducted for us was key to our addressing several areas that management needed to improve upon. It has greatly helped us improve morale and our level of communication with our employees. We will surely use this process again.
- Shobi Dahl, CEO, Dave's Killer Bread/NatureBake
Our survey is available in multiple languages and our service includes on-site administration, analysis, executive summary, and action planning. Contact us to learn more!
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There's Still Time to Take the Regional Pay Survey and Receive a Free Survey Report!
In the spring, fall, and winter each year, United Employers Association and Cascade Employers Association partner to bring area employers the most comprehensive, up-to-date pay survey in the region. Last year, over 300 Pacific Northwest employers provided data on 450 exempt, non-exempt, and executive positions. Our innovative online survey system makes entering your pay data quick and easy-and it allows us to produce better reports, faster than ever.
Best of all, participating UEA members receive a twelve-month subscription to our survey report database, which includes the fall and winter updates to the reports, free of charge. That's a $1600 value, available for free just for taking the survey! To get started, call or email us to get your username and password, then go to the UEA website and follow the links to the input website. The survey deadline is May 7, and results will be available in early June. |
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Calling All CEOs, Owners, Presidents, and Executive Directors!
One session remains in our CEO Roundtable Breakfast Series. This dynamic series offers a unique opportunity to share ideas with your peers in a candid, small group setting. Session 3: Rewarding and Retaining Key Talent
Facilitator: Paul Barber, MBL Group LLCDate: Thurs., May 10 With an improving economy, there will be increased pressure to reward and retain key talent. How can private companies compete when equity is not an option? Participants in this session will consider a number of questions on this topic: How does your organization reward key people other than with equity? How does your organization balance profit and rewards? How do you build retention into your compensation program? What are the pros and cons of the core incentive models? This roundtable session will be held at the Multnomah Athletic Club, 1849 SW Salmon Street, in downtown Portland. The session will run from 7:30 to 9:30 a.m., with breakfast and networking opportunities from 7:00 to 7:30. The cost for this session is $100. Please RSVP to Reese at (503) 595-2095 or click here to send us an email.
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Tyson Foods Settles EEOC Disability Discrimination Claim
Tyson Foods will pay $35,000 to settle a discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC). The EEOC alleged that Tyson refused to hire a former employee because he had epilepsy. During two periods of prior employment, the former employee's epilepsy had been controlled by medication. However, since last hiring the individual, Tyson instituted a new assessment procedure that required applicants with epilepsy to undergo a medical evaluation to determine if they could safely perform the job. The former employee failed the evaluation and Tyson refused to hire him. In concluding that Tyson had unlawfully discriminated against the former employee, the EEOC noted that the doctor who performed the evaluation did not examine the former employee to determine whether he could perform the job. Moreover, Tyson employed several other persons with epilepsy during the same period, but did not require them to undergo the medical evaluation based on their "grandfathered" status. Under the Americans with Disabilities Act (ADA), employers can conduct fitness for duty tests only if the tests are "job-related and consistent with business necessity." The tests may evaluate the employee's ability to perform job-related functions, but may not include examinations that seek information about unrelated physical or mental impairments or general health. In this case, had the doctor actually examined the applicant, and had the examination only sought enough information to determine the applicant's ability to safety perform the job, Tyson Foods would likely have stayed out of hot water. If you have questions about your responsibilities under the ADA, please contact us!
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