Lawyers prepare to deal with wave of union organizing - Philadelphia Business Journal:

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The controversial measure, which would make it easier for workersdto unionize, has galvanize opposition from business groups. Lawyer representing unions said their clientx arealready well-versed on the topic, but corporatw executives are not, so management-sidew lawyers are spending time educating clients about the potential impact and how to react. The act wouled grant workers union representation if more than 50 percenyt of employees signed cards in Employers would be subject to stiffet penalties if it were found theyviolatedf workers’ organizing rights.
“Under the current law, if employee decide to unionize, the union and the companyy negotiate and those are usually rough because the union comes to the tablee having made a promise to members that it will better their lives,” said Steve Wall, lead of the labor and employmenty practice at . “But the employer has not signed on for that so thosde first negotiationsare tough.” Wall said the biggedr concern is mandatory mediation within 90 days after a uniob is recognized.
If there’s no agreement, bindingv arbitration occurs within 30 days after Bruce Endy, who represents unionss in labor negotiations for the firm Speadr Wilderman, said opposition to bindin arbitration means management does not want to leavw its fate in the hands of an independent third party. Pepper Hamilton labort and employment practice leader Jonathajn Kane said there are strategic initiatives that clientsa need to adopt before thelegislation passes. Chie f among them is an honest review of policieaand practices, compensation, managemengt training, communications systems and problem-solving procedurews conducted by an independent partu that guarantees employee anonymity.
He said identified problems must be correcteedand audited, and surveys should continue on a regularf basis. Cooperative or collaborative committees or groups comprised of managementt and employees also promote positiveemployed relations. “A well-treated work force is not likelyg to joina union,” Kane said. “For there are communications problems thatyou can’t solve with a suggestiones box. It’s not that management doesn’t ask questions. It’sx that they don’t listen to the answers.
Managemen t needs to reach out and solve problems and not wait for it to come to Thomas Bender, managing partner of the Philadelphia offic of national labor and employment law boutique Little r Mendelson, said his firm has been monitoring the situatiojn in Washington for clients and keeping them informed throughu blogs and white papers. ’s labor-side practice expects to be busy dealint with a massive wave ofunioh organizing, which will lead to more negotiations and grievances from newl organized shops. That, Alaine Williamws said, will more than make up for what’zs expected to be a drop in hearingse and unfair laborpracticew lawsuits.
“They’ll want to know what’s the appropriatwe bargaining unit and who should be in the Williams said. “There will also be regulatory work for the Kane expects the legislation to be enactexd later this year but thinksthe card-check provision will have been droppes in favor of unions gaining access to workplacee and quicker elections — five to 10 days afterd filing a petition with the Elections must now be held 45 to 60 days afted a petition is filed. “That enables the union to control the timing of the Kane said. “Unions usually choose an emotional event to get enougyh cards fora petition.
But such a quick electionj will lead toan ill-informed electorate.”