DO MY EMPLOYEE’S REALLY WANT A UNION? WHY?

1. – KPA CONFIDENTIAL –
DO MY EMPLOYEE’S REALLY WANT ADO MY EMPLOYEE’S REALLY WANT A
UNION?UNION?
WHY?WHY?
Thank you for joining us. We will begin at 10am MT.Thank you for joining us. We will begin at 10am MT.

2. – KPA CONFIDENTIAL –
Thank you for joining us. We will begin at 10am MT.Thank you for joining us. We will begin at 10am MT.
DO MY EMPLOYEE’S REALLY WANT ADO MY EMPLOYEE’S REALLY WANT A
UNION?UNION?
WHY?WHY?

3. Presenter
John P. Boggs, Esq.
Fine, Boggs & Perkins LLP
(650) 712-8908
jboggs@employerlawyers.com

4. Questions
• If you have questions
during the presentation,
please submit them using
the “Questions” feature
• Questions will be
answered at the end of the
webinar

5. Labor Unions and Retail AutomotiveLabor Unions and Retail Automotive
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MASSIVE INCREASE IN UNION
ORGANIZING EFFORTS IN
CALIFONRIA

6. Common Restrictions on
Unionized Workplaces
• Scheduling and
Overtime
• Promulgation of Rules,
Policies
• Disciplinary Problems
• Resistance to ANY
Change
• Subcontracting or
Outsourcing
• Closing or
Relocation
• Supervisors and
Manual Work
• Hiring and
Promotion
• Reductions in Force

7. Labor Unions and Retail AutomotiveLabor Unions and Retail Automotive
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This could happen to you!

8. What is a union?
• A union is a business that thrives on associate
discontent
• It is not a charity
• Unions can make promises that it cannot deliver
• Unions exist in every state and are targeting new
businesses
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Labor Unions and Retail AutomotiveLabor Unions and Retail Automotive

9. Unions Targets: 2010Unions Targets: 2010
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10. The Rise and Fall of Unions in AmericaThe Rise and Fall of Unions in America
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11. The National Labor Relations Board is an
independent federal agency created by Congress in
1935 to administer the National Labor Relations Act,
the primary law governing relations between unions
and employers in the private sector. The statute
guarantees the right of employees to organize and to
bargain collectively with their employers, and to
engage in other protected concerted activity with or
without a union, or to refrain from all such activity.
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The National Labor Relations BoardThe National Labor Relations Board

12. Sec. 7. [Sec. 157.] Employees shall have the right to self-
organization, to form, join, or assist labor organizations, to
bargain collectively through representatives of their own
choosing, and to engage in other concerted activities for the
purpose of collective bargaining or other mutual aid or
protection, and shall also have the right to refrain from any or all
such activities except to the extent that such right may be
affected by an agreement requiring membership in a labor
organization as a condition of employment as authorized in
section 8(a)(3) [section 158(a)(3) of this title].
Your Employees Right to OrganizeYour Employees Right to Organize
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13. HOW UNION ORGANIZATION BEGINSHOW UNION ORGANIZATION BEGINS
• Initial Contact with Union
• Disgruntled employees
• Affirmative Union
actions
• Casual Contact with
Union
• Early Stages of Campaign
• Establish objectives
• Establish organizing
committee
• Amass employee
information
• Showing of Interest
• “Above Ground”
Campaign
• Peer pressure campaign
• On-premises solicitation
• Mass communication
(handouts, mailings, video
presentations)
• Union meetings

14. Signs Of Union ActivitySigns Of Union Activity
• Employees unusually
busy and excited
• Employees stop
talking when
approached
• Unusual employee
questions about
company policies or
practices
• Argumentative
questions or
complaints in
employee meetings
• New spokesperson
among employees
• Certain employees
receiving unusual
amounts of attention
• The same employees
seen going to the
washroom or break
area with several
different workers
during the day

15. • Evidence that terminated
employees are hanging
around current
employees
• Flash rumors (an
increase in the number
or frequency of the type
of rumor which is
designed to excite or
scare employees)
• Employees trying to
irritate supervisors
prompting disciplinary
action
• Abnormal
absenteeism or
upsurge in
attendance
• Excessive loyalty
professed by young
and/or newly hired
employees
• Unexplained
decreases or
increases in
productivity
Signs Of Union ActivitySigns Of Union Activity

16. • Presence of strangers
• Poor workers begin to
do good work
• Good workers begin to
do poor work
• Items on the Company
bulletin board, etc.,
concerning union
settlements or wage
increases in other
companies
• Attempts to obtain the
names and addresses
of employees
• Awkward attempts by
loyal employees to
communicate with
their supervisors
Signs Of Union ActivitySigns Of Union Activity

17. Why Associates Choose to UnionizeWhy Associates Choose to Unionize
• Poor communications
• Wages and benefits
• Healthcare and retirement plans
• Safety and working conditions
• Workload and stress
• Dispute resolution procedures
• Job security and “at will”
employment
• Network of friends and supporters
• Employee morale
• Leadership credibility
• Supervisors and employee
treatment
• Input and shared decision-making
• Lack of employee recognition and
appreciation
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18. What is a ‘Bargaining Unit’?What is a ‘Bargaining Unit’?
• A bargaining unit is a group of employees with a clear and identifiable
community of interests who are (under U.S. law) represented by a single
labor union in collective bargaining and other dealings with management.
• Examples would be “Automotive Technicians“, “Vehicle Salespeople“,
“Finance & Insurance Managers“, “Clerical and administrative employees“,
“Parts Counter”, “Vehicle Detailers”, etc.
• Bargaining units must consist of at least 3 employees, and must have the
support of a majority of employees in the bargaining unit. However, the
bargaining unit could be a small portion of a large company, where no
other employees are members of a union.
• Bargaining units may also be created among multiple work sites or
dealerships
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19. a) Union evaluates site to determine likelihood of
successful campaign
b) Union organizer contacts voting group (i.e.:
technicians)
c) Card signing process takes place (need 30% + 1)
d) Petition files with National Labor Relations Board for
election
e) Election occurs within 42 days
f) If 50% +1 vote for unionization, union wins
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How Unions OrganizeHow Unions Organize

20. How Unions Organize
1-3 weeks 3-4 weeks 42 days after Petition
Approved by NLRB
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How Unions OrganizeHow Unions Organize

21. How Unions Pressure AssociatesHow Unions Pressure Associates
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22. The Union Authorization Card
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23. 12 Point Plan for Staying Union Free12 Point Plan for Staying Union Free
1. Create & issue a union-free philosophy statement
2. Conduct a vulnerability assessment
3. Conduct a bargaining unit (departmental) analysis
4. Identify & train your supervisors
5. Lock down your facility
--Non-solicitation, Non-distribution Policies
6. Educate all employees
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24. 12 Point Plan for Staying Union Free12 Point Plan for Staying Union Free
7. Learn to better identify “Salts” and Union Plants
8. Perfect communications “up’, down’ and
‘sideways’
9. Maximize employee involvement programs
10. Focus on the main drivers of employee
satisfaction
11. Establish an Early Response Team
12. Contact Human Resources and educate
management on signs of union activity
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25. Section 8(c) of the National Labor Relations Act
Says:
“The expressing of any views, argument, facts or opinion,
or the dissemination thereof, whether in written, oral,
electronic, printed, graphic, or visual form, shall not
constitute or be evidence of an unfair labor practice
under any of the provisions of this Act...”
What YouWhat You CanCan Do & Say:Do & Say:
You may express:
Facts
Opinions
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26. • “If you join a union, you cannot deal directly with our company over
wages, hours or other terms and conditions of employment.”
• “The union does not have to process your grievance, complaint, or
dispute in a manner that is satisfactory to you.”
(In fact, the union may not have to process your complaint at all )
• “The union may call you out on strike over an issue that you do not
agree with.”
• “If you are called out ‘on strike’, the company as the right to replace
you.”
• “The union can charge you union dues or have you fired if you do
not pay if you live in a non-right-to-work state and there is a union
(income) security clause.”
• “The union has the right to put you on trial for violating its rules and,
if you are found guilty, the union can fine you.”
“Hey, boss, should I sign this union card?”
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27. • “You can deal directly with our company over wages, hours and
other terms and conditions of employment.”
• “You (and another employee) can discuss workplaces issues with
your supervisors, and that activity is protected.”
• “You can speak on your own behalf, without needing to pay a
union to do it.” (which may or may not decide to process your
complaint)
• “You do not have to be concerned about being called out on a
union-called strike that you may not agree with.”
• “You do not have to worry about being placed on trial by a union.”
• “You do not have to worry about being fined by a union if you are
found guilty at a union trial.”
What Supervisors Can Say:
Persuading Your Associates Not to Unionize
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28. Legally Protected Discussion PointsLegally Protected Discussion Points
• Dues
• How dues are spent
• Fees
• Fines
• Assessments
• Unwillingness to put
promises into writing
• Strikes
• Pension funds
• By-laws
• Constitution
• Risks of negotiations
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29. How financially solid are union pensionHow financially solid are union pension
plans?plans?
Union Pensions in the Red July 26, 2009
In April, the SEIU National Industry Pension Fund reported that its
pension has been put into what the feds call “critical status.” In
other words, it lacks the cash to pay promised benefits and may
have to cut them.
As of 2007, the last year for which it reported results to the
government, the fund had 74.4% of the assets needed to pay its
benefits.
Thirteen of the bigger plans operated for the Teamsters have,
together, a mere 59.3% of reserves necessary to cover obligations.
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30. Non-Solicitation /Non-Distribution Policy
The Company’s Solicitation/Distribution Policy is to give our Company’s guests the best
service possible. In order to allow associates to provide the guests with their undivided
attention, associates are prohibited from soliciting and distributing literature during working
time. Working time is the time associates are expected to be working and does not include
rest, meal, or other authorized breaks. Associates are also prohibited from distributing
literature in work areas at all times and prohibited from soliciting and distributing literature
in sales and guest-access areas when guests may be present. Company owned e-mail,
facsimile machines, voice mail and similar equipment may be used only for business-related
purposes and not for personal use of any type. Non-associates may not solicit or distribute
literature on Company property at any time, and trespassing is prohibited.
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31. 31
Controlling Union Access to the DealershipControlling Union Access to the Dealership
Publicize and consistently enforce broad policies regarding non-
employee and employee access, solicitation and distribution;
email; and bulletin board use
Secure access to facility
Secure employee information

32. Educating Your AssociatesEducating Your Associates
• Discuss and broadly distribute your positive employee
relations/union/issue-free philosophy
• Describe/role-play card-signing tactics
• Distribute an annotated union card
• Explain union motivation
• Explain what employees can lose under a union contract
• Explain why your philosophy is better than union representation
• Explain what the Employee Free Choice Act would mean to them
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33. ““Day One” CommunicationDay One” Communication
• Pre-hire orientation with Issue Free philosophy
• Communicate Issue Free philosophy in interview process – not
just WHAT but WHY.
• New hire orientation video with Issue Free philosophy
• Consider sending orientation video to the homes
• Family involvement critical
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34. Making Sure That Associates ChooseMaking Sure That Associates Choose
NotNot to Unionizeto Unionize
• Good communications
• Fair Wages and benefits
• Good healthcare and retirement
plans
• Good safety and working conditions
• Low workload and stress
• Good dispute resolution procedures
• Job security based on clear
objectives
• Network of friends and supporters
• High employee morale
• Solid leadership credibility
• Professional supervisors and good
employee treatment
• Welcome input and shared
decision-making
• Well developed employee
recognition and appreciation
programs
• Solid, documented complaint
resolution process
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36. Questions and Answers
John P. Boggs, Esq.
Fine, Boggs & Perkins LLP
(650) 712-8908
jboggs@employerlawyers.com

37. Contact Information
The recorded webinar and presentation slides will be emailed to
you today including your local representative’s contact information.
www.kpaonline.com
bross@kpaonline.com
866-356-1735