GNYADA January 2015 Newsletter

7 NLRB Approves Quickie Union Election Process

Takeaway for Dealers

The National Labor Relations Board (NLRB) has final- ized a rule that reduces the time period between filing a petition and a union election. If caught off-guard or unpre- pared, dealers may not have an opportunity to prepare for an organizing campaign prior to employee voting. The new NLRB rule also allows for new technology, such as electronic filing and transmission of election petitions and other documents.

Many of the changes imposed by this new ruling put deal- ers facing a union campaign at a severe disadvantage. The shortening of the election campaign, the loss of the ability to contest voter eligibility prior to the election, and the loss of the right to have the Regional Director’s decision regarding election challenges reviewed will make it more difficult for employers to fend off union campaigns. Dealers must also pay careful attention to the new, shorter deadlines for providing certain information. Finally, dealers may also want to encourage, but not require, employees to communicate directly with the deal- er if there are issues of concern so that the employees feel that the dealer is addressing any problems and that they might not need union representation. If you are a member of GNYADA’s Employee Relations Plan (ERP), you would qualify for assistance if an elec- tion petition is filed at your dealership. Legal fees incurred in the course of the election may be reimbursable under the ERP.

Key Changes to Election Procedures

A compressed election period of approximately 13-21 days (down from an average of 38-42 days).

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A new requirement that employers post a Notice of Petition, and in some cases send it to all affected employees, within two business days after the NLRB serves the employer with the notice.

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The pre-election hearing will now be scheduled within eight days from service of the Notice of Petition.

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The employer must now provide the union with the name, job classification, work location, and work shift of all employees in the election unit by noon on the last business day before the pre-election hearing.

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Labor Law Seminar Impact of Recent NLRB Decisions on Your Dealership MAY 13, 2015 9:30am -11:30am Center for Automotive Education & Training The NLRB has been very active, for instance recently ruling that employees may be permitted to use deal- ership email systems to send union emails. This deci- sion along with the change in election rules and oth- ers impact day-to-day operations of dealerships. Speaker: James E. McGrath, III, Esq. Putney, Twombly, Hall & Hirson Mr. McGrath will discuss the influence of the NLRB decisions on dealerships. To register call Phyllis at 718.746.5900 x271

Voter eligibility determinations will not be made until after the election.

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Employers must now provide the so-called “Excelsior list,” a list of all eligible voters in the election unit, to both the union and the NLRB, not later than two busi- ness days after the election order. The Excelsior list must contain not only the name, home address, work location, shift, and job classifica- tion of voters but employees’ phone number (including cell phone number, where applicable) and email address as well.

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Save the Date

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Review of the Regional Director’s decision by the full NLRB is no longer available as a matter of right.

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A comparison of the old and new procedures is available on a chart prepared by the NLRB and available on GNYADA’s website at www.gnyada.com/dealers/news/NLRB

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • January 2015

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