June 2009  
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Business Secured at a Higher Level

Unions Look To Labor Board To Reverse Bush Policy

Unions, uncertain about the outcome of their push for Congress to overhaul national labor law, are counting on President Barack Obama's new appointees to the National Labor Relations Board to reverse Bush-era rulings they say hamper their efforts to organize workers.

The five-member board, which supervises union elections and referees disputes between private-sector employers and employees, has a new chairman and Mr. Obama has nominated two new members with union backgrounds. The Senate must ratify these nominations, as well as a Republican nominee who has yet to be named.

Law firms are advising corporate clients to be on alert. If confirmed by the Senate, the two new board nominees -- labor-side lawyers Craig Becker and Mark Pearce -- would join longtime member and chairman Wilma Liebman to create "a majority bloc distinctly in favor of expanding the rights of unions and workers," law firm McKenna Long & Aldridge LLP said in a report addressing issues likely to be revisited by the NLRB. "Employers must...prepare for the resulting shifts in the regulatory landscape."

Once new nominees are in place, the board will face a lengthy agenda of issues including: whether more workers whose jobs fall in the gray area between salaried management and hourly laborers should be allowed to unionize; how much freedom workers should have to use company email systems to promote union membership; how much access union organizers should have to workplaces; and what constitutes unacceptable intimidation by employers seeking to oppose union organizing drives.

Globalization and a shift away from manufacturing have coincided with sharp declines in union membership. Unions represent about 12% of U.S. workers, down from 20% in 1983, the earliest comparable data available. Unions complain that the National Labor Relations Act doesn't give the NLRB enough power to sanction companies that violate the rules governing union organizing, and say the board takes too long to resolve cases.

They also say that once a petition is filed for representation the NLRB takes too long to hold an election, allowing time for employers to intimidate workers from joining the union.

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New Coalition of Businesses Urges Congress to Approve "Card Check" Bill 

The Bureau of National Affairs reports that a new coalition of more than 1,000 small employers and business leaders wrote a letter to Congress June 4 urging lawmakers to support the proposed Employee Free Choice Act and to "counter the myths and misunderstandings that unions are bad for business."

The Business Leaders for a Fair Economy, chaired by Roger Smith, president of American Income Life Insurance Co. and National Income Life Insurance Co., argued in the letter that the bill, which aims to make it easier for workers to join unions, is necessary to restore the "strong, solid middle class."

Denise Bowyer, spokeswoman for the new group and a vice president of American Income Life, said about 60 percent of the coalition's members do business with unions or are union shops. She added that about 40 percent of Smith's business is union-related. Bowyer said the coalition, which is coordinating its EFCA
support with AFL-CIO, is comprised of "a lot of small businesses."

"When America's workers do well, our economy prospers, and companies across the nation-large and small-benefit," the letter said. "But without good-paying jobs, more Main Streets are going under."

The letter argued that "allowing workers to freely join unions can improve morale, productivity, and retention rates, and our bottom line."

EFCA, introduced in the Senate March 10, would amend the National Labor Relations Act to establish a procedure whereby the National Labor Relations Board would certify a union as the bargaining representative of employees if a majority of unit employees signs valid union authorization cards.

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WHO Declares Swine Flu a Pandemic

The World Health Organization has declared that a new version of an old flu strain has ignited the first global flu pandemic in 41 years.

WHO Director-General Margaret Chan told reporters Thursday morning that its flu experts unanimously agreed that a pandemic has begun.

The declaration of a pandemic, Chan says, is intended to get nations around the world to get ready for a long and unpredictable battle against the new virus. But the WHO hopes nations will not overreact, for instance, by implementing or continuing draconian "fortress" measures designed to keep the infection outside their borders, or slaughter pigs in the mistaken belief that people can get swine flu from swine.

Beyond that, it's not clear what practical effect the declaration will have. Legal experts say it does not in itself authorize WHO to do anything different. But it does turn up the volume of WHO warnings and pleas.

"Some countries' political leaders worry about unwarranted action," Chan says. "And some are concerned because of the mildness of the disease. People will say, 'So? What's the big deal about the pandemic?' So they have the tendency to go into complacency. This is of great concern to WHO."

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OSHA Expected to Launch National Emphasis Program for Chemical Plants

The Bureau of National Affairs reports that the Labor Department's Occupational Safety and Health Administration is readying a national emphasis program that will scrutinize chemical manufacturers' compliance with the process safety management standard, industry observers told BNA June 2.

Acting agency administrator Jordan Barab told the Society of Chemical Manufacturers and Affiliates' board of governors June 2 that the program will be an extension of the oil refinery program launched in June 2007, which also focuses on process safety management compliance, Bill Allmond, the society's vice president of government relations, told BNA.

Unlike the refinery program, which sought to inspect all 81 oil refineries under federal jurisdiction, OSHA only will inspect 300 chemical manufacturing worksites, Allmond said. The worksites will be chosen on the basis of previous fatalities, employee complaints, and prior incidents.

Barab also told the Society of Chemical Manufacturers and Affiliates' board that OSHA inspectors would not stop at inspecting for compliance with the process safety management standard, but also would look for other types of violations, including compliance with the combustible dust standard, Allmond said.

Allmond was not aware of a timetable for the program, but said it could be launched soon.

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Huffmaster Offers Free Webinars on Strike Contingency Planning

Huffmaster Crisis Management, the leading provider of strike management solutions, will host an informative, FREE webinar to help participants develop a strike contingency plan or assess an existing plan to insure operations will continue through a strike or lockout.

This 60-minute webinar will be led by Greg Johnson, CPP and President of Huffmaster Crisis Management. Greg will identify key operational, security and logistical planning considerations.

  • Operational topics include: local versus non-local temporary replacement workers, outsourcing of selected services, stockpiling of raw material and/or finished goods, and communications with clients and suppliers.
  • Security considerations include: the timing of the arrival of security personnel, their role in sabotage prevention and clearing the building at the start of the strike, picket line crossing tips, the importance of NLRA-compliant video documentation and the potential need for executive protection.
  • Logistical planning will cover items such as: communications with vendors regarding their willingness to cross picket lines, drop-and-hook options, postal and overnight package
    pick-up and delivery, waste removal and other 3rd party services.

Participants will have the opportunity to submit questions!

Our upcoming webinars will take place on Wednesday, July 1st and Wednesday July 15th, both from 2-3 P.M.

To register for a webinar, you can link directly from Huffmaster's home page or by clicking here to select the session that best fits your schedule. The number of participants is limited and pre-registration is required. If you have any questions about the webinars, please feel free to contact Rob Huffmaster at 800.446.1515 ext. 143 or e-mail him at Rob@huffmaster.com.

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Quote of the Month
Quote of the Month:
"The Chinese use two brush strokes to write the word "Crisis." One brush stroke stands for danger, the other for opportunity. In a crisis, be aware of the danger - but recognize the opportunity." 
– John F. Kennedy

Huffmaster, 1300 Combermere, Troy, MI 48083
Phone: 800.446.1515 Fax: 248.597.7055 Web: http://www.huffmaster.com/